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Terms and Conditions

Terms and Conditions of use

The websites www.emporiumd.com.au and www.emporiumd.com (the Sites) are owned and operated by ABN 82813095257 trading as Emporium D (Emporium D or we, us, our).

The following sets out the Terms and Conditions under which you may use the Sites. By using the Sites you agree to these Terms and Conditions. These Terms and Conditions apply whenever you access the Sites, regardless of how you access the Sites (including via the Internet, mobile phone or any other device).

Emporium D may, in its absolute discretion, modify or amend these Terms and Conditions from time to time and those modifications or amendments will be binding on you once deployed on the Sites.

Emporium D, its representatives and associated agents, are not liable to you or any other person for any loss in connection with the use of the Sites or any website linked to the Sites. This general disclaimer is not restricted or modified by any of the following specific disclaimers and warnings.

Registration

To purchase items, and to use some services on the Sites, you may need to register. When you register you must provide accurate, complete and up-to-date registration information, as requested. It is your responsibility to inform Emporium D of any changes to your registration information.

Should your information change, please notify Emporium D immediately at info@EmporiumD.com.au. Please also refer to our Privacy Policy.

You must ensure the security and confidentiality of your registration details, including any username and/or password assigned to you. You are wholly responsible for all activities which occur under your registration details (including unauthorised use of your credit card). You must notify Emporium D immediately if you become aware of any unauthorised use of your registration details. You must not permit your registration details to be used by or transferred to any other person.

Emporium D reserve the right to, in its sole discretion, suspend or terminate your registration or access to all or any part of the Sites, including if we believe you are abusing the services in any way or have breached these Terms and Conditions.

Site Content

Emporium D attempts to keep the Sites up to date however Emporium D does not warrant accuracy or accuracy of content. You acknowledge that the content on the Sites is liable to change at any time.

Unless stated otherwise prices are in Australian dollars and are inclusive of any tax charged if liable to be charged.

Prices displayed on the Sites may change at any time.

Items promoted on the Sites are subject to availability and may change from time to time.

You acknowledge that the colours of the items that we deliver to you may vary slightly from the colours on the monitor.

Orders

Orders placed by you on the Sites for an item is an offer by you to purchase an item for the price displayed on the Sites. Emporium D reserves the right to accept or reject your offer for any reason whatever. Reasons may include, but are not limited to, the availability of an item or an error or change in the price displayed on the Sites.

Your contract with Emporium D comes into existence when Emporium D advises you by email it has accepted your order and confirmed receipt of your payment.

If an item ordered is temporarily out of stock you will be contacted by email and informed of expected delivery date. You will not incur any fees for this process.

If an item you have ordered is sold out or discontinued after you have placed your order you will be contacted by email and informed. You will not incur any fee for this process and your payment will be refunded or will not be processed.

Processing and delivery of orders

Orders from the Sites are processed Monday to Friday. A processing time of 1 – 5 business days applies to all orders made within Australia. International orders can take longer to process.

Orders are delivered Monday to Friday.

All orders within Australia are sent with Australia Post. Delivery time depends on the shipping method you have selected for your purchase.

All international orders are sent with Australia Post's international Pack and Track service, or international Registered Post service. 

Emporium D is not responsible for incorrect addresses, refused shipments or unclaimed parcels. If a parcel is returned to Emporium D you will be charged a resending fee equal to the amount of the original shipping cost charged for your order.

It is your responsibility to inform Emporium D if an order does not arrive. Once we learn an order has not arrived in a reasonable amount of time we will lodge enquiries with Australia Post to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

Payment and security

Payment is through paypal: http://www.paypal.com.au/au.

Returns and exchanges

We do not offer returns on items purchased.

We do not offer returns or exchanges on earrings due to hygiene reasons.

You can exchange an item (excluding earrings) which is still in brand new condition by sending the item back to us with the original invoice, and with all tags attached within 7 days of receipt of the item by you.

If you wish to exchange an item, please notify us prior to sending the item back to us at info@emporiumd.com.au.

You acknowledge all returns and exchanges will be at your own expense (including all postage costs for the items being sent back to us, and the exchanged item being sent back to you) and that the item, invoice and original tags will be sent back to us with registered post.

In circumstance of exchange Emporium D will exchange the item for another item which is equal to or more than the price on your original invoice. If the item is more than the price on the original invoice you acknowledge you will pay the difference in price.

Links, downloads, plugins, features, ads and third party representation on the Sites

Emporium D is not responsible for content and does not imply endorsement about any other website which you may access through the Sites and is not responsible for the accuracy or content of any information or data you access through the Sites. Any links to other sites are provided for convenience only.

Information on the Sites may be provided by persons other than Emporium D (Third Parties). These Third Parties may post statements or information on the Sites, such as in blogs or message forums on the Sites. Emporium D makes no representations to you in relation to the accuracy, quality, ownership or other aspect of any information or data posted by Third Parties on the Sites and Emporium D expressly disclaims any liability to you for information or data posted or provided by Third Parties on the Sites. Emporium D does not endorse any opinion, advice or statement made by any person other than us.

For the avoidance of doubt, Emporium D will not be taken to have uploaded, posted, transmitted or otherwise made content available on the Sites simply by facilitating others to post, transmit or otherwise make content available.

Intellectual Property

The Sites are owned by Emporium D. All content on the Sites is subject to and protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.

Unless expressly stated otherwise, and other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Australia), you may not by any form or by any means:

a) Copy, adapt, reproduce, store, broadcast, transmit, distribute, print, display, perform, publish, modify or create derivative works from any part of the Sites; or

b)   Commercialise any information or items obtained from any part of the Sites,

without Emporium D’s written permission.

Trademarks on the Sites owned by Emporium D may not be copied or used unless with the express written permission of Emporium D. 

Limitation of liability

Emporium D does not accept responsibility for any loss or damage however caused (including though negligence) which you may directly or indirectly suffer through use of the Sites or any linked website, or which may arise directly or indirectly in respect of items supplied pursuant to an order placed on the Sites.

Emporium D does not accept responsibility for any loss or damage arising from your use or reliance on the information contained or accessed through the Sites. Emporium D assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy of the information on the Sites.

Regarding any loss or damage suffered by you in connection with the purchase and use of any items supplied via the Sites Emporium D, at its sole discretion, limits its liability to the extent permitted by law and is fair and reasonable for Emporium D to do to either repairing or replacing those items, or paying the cost of having those items repaired or replaced.

Without limitation, Emporium D is not liable to you or any other person for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the Sites even if Emporium D is expressly advised of the possibility of such loss or damages

Subject to any non-excludable provisions in the Competition and Consumer Act 2010 (Australia), Emporium D expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on the Sites.

Disclaimer

You use the Sites at your sole risk.

The materials and information provided on the Sites are provided on an "as is" basis. Emporium D assumes no responsibility for, and makes no representations to you or any other person that the information on the Sites is accurate, reliable, complete, correct or free from omissions and errors.

The information on the Sites is not advice and should not be relied upon as advice. The information is provided as general information only.

Emporium D takes no responsibility arising in any way from any errors or omissions in the information contained on the Sites.

GST

Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) via the Sites are stated inclusive of GST if GST is payable. Where GST applies to any supply made to you, we will deduct the applicable GST and issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 ("Act"). Tax Invoice means tax invoice as defined by the Act.

Severability

If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.

No waiver

No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.

Governing Law

These Terms and Conditions are governed by and construed in accordance with the law of New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts.