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Terms & Conditions

This sets out the legal basis on which:

* you may access and use the Emmersen website, and
* purchase goods utilising the Emmersen website

If you do not agree with these terms, please do not use this website.

1. GENERAL

1.1 User agrees to be bound by Terms Of Use

(a) By using the Emmersen website (the Website), you agree to be bound by these Terms of Use which constitute the agreement between you and Emmersen Pty Ltd (ABN: 39 121 542 854).

1.2 Variation of Terms of Use

Emmersen reserves the right to change, modify, add or remove any part of these Terms of Use and to add to, change or discontinue any material or information contained in, or any other aspect of, the Website at any time and without notice or liability. Please check the Website regularly for changes in these Terms of Use.

1.3 Governing law

(a) The laws of Western Australia govern the operation of this Website and the interpretation of these Terms of Use.

(b) You agree to submit to the jurisdiction of the Supreme Court of Western Australia in the event of any claim or dispute arising between you and Emmersen.

1.4 Validity

If any part of these Terms of Use is invalid or unenforceable, that invalidity does not affect the validity or enforceability of any other part of these Terms of Use.

2. APPROVAL TO LINK TO THIS WEBSITE

(a) Emmersen encourages linking to the Emmersen home page by any person or organisation similarly involved in e-commerce.

(b) Should a person, corporation or other entity seek to link to this Website either directly or from within a frameset, an email request must be completed and submitted to Emmersen for approval.

(c) Emmersen may in its absolute discretion approve or reject a request to link made in accordance with paragraph (b).

(d) A link from a website to this Website must not be established unless Emmersen has approved a request under paragraph (c).

3. ACKNOWLEDGMENTS AND WARRANTIES BY YOU

3.1 Acknowledgments by you

You acknowledge that:

(a) information contained in or made accessible by this Website:

(i) is provided for reference only and no guarantees are made as to its accuracy, currency or completeness. It is not provided for professional use. Any use of this information is at the user's risk. Emmersen does not accept any liability for any delays, interruptions, errors, or omissions, however occurring (including as a result of negligence) in the collecting, recording, processing, storing or dissemination of this information.

(b) Emmersen's response to a request for information or advice:

(i) is based on, relies on and is limited by the instructions and information provided by you;

(ii) does not constitute a warranty or guarantee for the product or service in question

(c) links to other websites on this Website:

(i) are not under the control of Emmersen and may contain computer viruses;

(ii) are inserted for convenience and do not constitute Emmersen's endorsement of material at those sites, or any associated organisation, product or service; and

(iii) it is your responsibility to make your own investigations, decisions and inquiries about the information retrieved from other websites;

(d) third party advertisements on this Website:

(i) do not constitute Emmersen's endorsement of the information contained in those advertisements, or any associated organisation, product or service; and

(ii) it is your responsibility to make your own investigations, decisions and inquiries about the information in third party advertisements. Emmersen does not make any representation as to the accuracy or suitability of any of the information contained in those advertisements and does not accept any responsibility or liability for the conduct or content of those advertisements and the offerings made by the third parties.

(e) transmission to or from this Website may be intercepted, used and modified by third parties; and

(f) you are solely responsible for any content submitted by you to this Website and any instructions or information provided by you in a request for information or advice. Emmersen is not responsible for any incomplete or incorrect information provided by you.

3.2 Warranties by you

You warrant to Emmersen that you will not:

(a) use this Website for a purpose that is unlawful or prohibited by these Terms of Use;

(b) impersonate any person, entity or corporation, or enter a fictitious name or entity name on any form on this Website;

(c) collect or store personal data about other users of this Website for any purpose;

(d) submit any content that:

(i) infringes the intellectual property rights of any third party;

(ii) is unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity;

(iii) contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or any unsolicited mass distribution of e-mail;

(iv) contains a survey, contest, or pyramid scheme; or

(v) contains viruses, corrupted files, or any other similar software or programs that may damage the operation of this Website or another computer, or

(e) engage in any other conduct that inhibits any other person from using or enjoying this Website.

4. DISCLAIMER AND LIABILITY

4.1 Disclaimer

(a) While the information contained in or made accessible by this Website, or in response to a request for information or advice, has been formulated in good faith and with all due care, Emmersen does NOT warrant:

(i) its accuracy, currency, reliability and correctness;

(ii) that it is free from errors or omission, or that it is definitive;

(iii) that it is free from computer viruses or other defects; or

(iv) its fitness of purpose for any use.

(b) The product information and images on this site are intended to provide an accurate representation of the products. Please note that colours may appear slightly different on screen to the actual item, depending on the properties of the monitor, computer setting etc. If you require further information about colours etc, we suggest that you email for further details prior to placing your order.

(c) Before relying on the information contained in or made accessible by this Website, you should independently verify its accuracy, currency, completeness and relevance for your purposes, and you should obtain any appropriate professional advice.

4.2 Limitation of liability

(a) To the maximum extent permitted by law, the information stored in or made accessible by this Website, or in response to a request for information or advice, is made available to you on the understanding that Emmersen and its employees and agents are not liable to you for any loss, damage, cost or expense incurred or arising by reason of you using or relying on the information and whether caused by reason of any error, negligent act, omission or misrepresentation in the information or otherwise.

(b) To the maximum extent permitted by law, in no event shall Emmersen be liable for any damage to property, personal injury, death, loss of use, indirect or incidental damages or consequential loss in relation to any product. Emmersen products are provided to you on the understanding that Emmersen and its employees and agents are not liable to you for any loss or consequential loss, damage, cost or expense incurred or arising by reason of you using the product and whether caused by reason of any error, negligent act, omission or misrepresentation in the information or otherwise.

(c) Although all care is taken to ensure customer information is kept private, Emmersen will not be held legally responsible for any breach obtained by methods beyond our reasonable control.

(d) Emmersen does not attempt to exclude any rights or remedies which due to the operation of the Trade Practices Act 1974 or similar State and Territory legislation cannot be excluded. Emmersen excludes all other conditions and warranties implied by custom, statute or the general law.

4.3 Indemnity by you

It is a condition of the use of this Website that you indemnify the authors and operators of this Website against all claims and actions however arising from the use of material, information, advice or links provided in the Website or otherwise provided by Emmersen, including but not limited to, direct or consequential breaches of copyright, trademark or other intellectual property rights, or contravention of any local, national, or international restrictions on the publication or transmission of content.

5. PRICING AND POSTAGE POLICY

(a) Prices:

All prices displayed on this site are in Australian dollars.  The prices listed for each product do not include postage and handling charges.

No GST (Goods and Services Tax) is charged on our products.

Note: while the Australian tax (GST) is not charged on our products, please be aware that international orders may be subject to local Custom's duties and/or local taxes in the country of destination. Any additional charge must be borne by the recipient.

When you place an order on this Website, you are agreeing to purchase the product at the price listed at the time of the order. Pricing, availability, specifications and packaging are subject to change without notice.

Emmersen may reject or cancel an order at any time and shall not be liable for any loss or damages.

We do offer discounts for bulk purchases. If you require a quote simply contact us stating the product you require, quantity and delivery postcode.

(b) Postage:

We do our best to ensure that stock levels on our website are kept updated. If however your order is found to be out of stock, you will be advised as to when it will be available and if the delay is unacceptable you may cancel your order. If circumstances arise such that we are no longer able to supply a product, you will be notified and your order will be cancelled.

Orders will not be posted until the payment has cleared. Items in stock will be shipped within 5 working days of funds being cleared.

We cannot be held responsible for goods lost in transit or damaged in transit and will not be liable for any damages or costs relating to these. Note: Depending on the type of postage used, you may be eligible for compensation from the service provider if your goods are lost and/or damaged in transit.
 
Emmersen shall not be liable for any damages or penalty for delay in delivery or for failure to give notice of delay when such delay is due to the elements, acts of God, delays in transportation or any other causes beyond our reasonable control.
 
Postage and handling within Australia
All products are posted with Australia Post, within Australia. A flat rate of $9.00 AUD will be charged.
 
Parcel tracking available.

The parcel can take 2 to 12 working days to arrive, from the date of shipping, depending on where you live.

Please note: The above postage price is for orders of up to 7 pairs/pieces and excludes wholesale and bulk orders. If your package exceeds this amount we will contact you via email, prior to dispatch, regarding any additional charges.
 
For international deliveries (ie deliveries outside of Australia)
We can send to most countries by request. All products sent internationally (ie outside of Australia) are posted with Australia Post. A flat rate of $23.50 AUD will be charged.

 For your protection, all international orders will be sent using Registered Post International. This service requires a signature upon delivery/collection. Note: we cannot deliver to a PO Box.

Delivery times vary, depending on where you live.
 

The above rate is available for orders of up to 3 pairs/pieces and excludes wholesale and bulk orders. For larger orders we will contact you via email, prior to dispatch, regarding any additional charges.
 
Note: while the Australian tax (GST) is not charged on our products, please be aware that international orders may be subject to local Custom's duties and/or local taxes in the country of destination. Any additional charge must be borne by the recipient.
 

6. RETURN POLICY

(a) Returning a faulty product

  • If a product is defective, we may offer to refund the cost of the product or replace the item. This offer is valid for a period of 3 months from the date of purchase.

  • You will need to contact us prior to returning the product, to advise of your desire to make the return and the reason. The return must be authorised by us, prior to you sending the product.

  • We cannot cover the cost of shipping for returned items. All costs incurred in returning the product to us are your responsibility.

  • We accept no responsibility for goods lost in transit. It is your responsibility to insure them. Products should be returned via registered post.

  • We will not accept goods sent to us as receiver pays or without having first authorised the return.

  • You must return the product to us with the original packaging and the receipt.

  • Once the product is received, Emmersen will endeavour to process any refund/replacement within 5 working days.

(b) General Conditions

  • We reserve the right to refuse any returns that:

    • are incomplete or missing parts; or

    • are not returned in their original packaging,

    • show signs of physical damage to the product or its packaging.

  • We are happy to advise on the suitability of the product being purchased. However, we take no responsibility that the product will meet your requirements.

  • If you receive a product that appears to have been "Damaged in Transit" - that is, damaged in transit from us to you - you should notify us immediately.

  • Any refunds will be credited via the payment method (e.g., the credit card, direct deposit) by which you made the original purchase.

  • Events such as wilful damage, misuse, unauthorised repair or tampering with a product may prevent a product being accepted for return for warranty repair or replacement.

7. COPYRIGHT

(a) This Website is copyright. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use or use within your organisation. Apart from any use as permitted under the Copyright Act 1968 all other rights are reserved by Emmersen.

(b) This Website is protected by Australian and international copyrights in the graphics, design, layout, typography, and expression of information, whether as a compilation or otherwise.

(c) Information on this Website may not be reproduced in whole or in part for general publication or commercial purposes without the permission of Emmersen.

(d) This Website may contain trademarks, patents, technologies, products, processes or other intellectual property rights of Emmersen and/or other third parties, or references to such trademarks, patents, technologies, products, processes or other intellectual property rights. No licence, interest or right to or in any such trademarks, patents, technologies, products, processes and other intellectual property rights of Emmersen and/or other third parties is granted to or conferred upon you. Any reproduction or use of any of the content of this Website, without the express written consent of Emmersen or unless expressly authorised by law, is prohibited.