Terms of service

Welcome

Welcome to the Emma Memma online store owned by Apricot Sea Pty Limited (ABN 79 647 371 140) ("We", "Us" or "The Company"), an online store for Emma Memma merchandise and products. This website is located at www.emmamemma.com and includes all files located in that domain ("This Site").

Agreement to These Terms of Use

By accessing this site, you agree to be bound by these Terms of Use ("Website Terms of Use"). These Website Terms of Use constitute a binding agreement between you and the Company and govern your use of this site.

Privacy Policy

As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy, which is incorporated by reference into these Website Terms of Use. Our Privacy Policy also contains information about how we use cookies and tracking technologies on this site.

Legal Capacity to Transact

If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

Restrictions on Use

Violations of These Website Terms of Use

Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice, temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide services to you if:

  • you breach any provision of these Website Terms of Use;
  • the Company is unable to verify or authenticate any information that you provide to us; or
  • the Company believes that your actions may cause damage and/or legal liability to the Company or any other person.

Indemnity

You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual losses or damages, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

  • any material or information that you submit, post, transmit or otherwise make available through this site;
  • your use of, or connection to, this site; or
  • your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.

Prices

The Company reserves the right to change the prices for products displayed on this site at any time before you place an order.

Shipping Costs

Shipping costs will depend upon the location for delivery and the items purchased and are shown separately during checkout.

GST

Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Payment Methods

Payment for orders placed through this site may be made by the following methods:

  • Credit card (Visa, Mastercard) processed via a secure payment gateway
  • PayPal
  • Afterpay
  • Shop Pay

Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases.

Third-Party Secure Payment Gateway

The Company uses a third-party payment gateway for its secure online payment transactions. Payments made through this payment gateway are subject to the third-party provider's own terms and conditions and privacy policy, links to which are provided from the checkout pages.

Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to our payment gateway provider, other than information that is required in order to process your order and deliver your purchased items to you (e.g. your name, email address and billing/postal address).

Refunds and Other Remedies

Except as expressly provided otherwise in these Website Terms of Use, all amounts paid through this site are non-refundable and we cannot exchange goods purchased on this site.

However, if there is a fault or issue with your product, please email store@emmamemma.com within 14 days of receipt of your delivery so our team can discuss the matter with you and use reasonable endeavours to resolve the issue accordingly.

Further information on the steps that the Company will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading "Remedies Limited" in these Website Terms of Use below.

Security

While our third-party payment gateway and website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.

Dealings with Third Parties

User Acknowledgements

The items available for purchase on this site are manufactured by third parties. You acknowledge that the Company does not:

  • control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods of any third parties published or made available in or through this site;
  • offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties; or
  • endorse or recommend any third party supplier or any third party goods or services, including where details of the relevant supplier are provided by the Company to you or otherwise become known to you through this site.

Role of the Company

The relevant supplier, and not the Company, is:

  • the supplier of the goods and/or services that you offer to purchase; and
  • solely responsible for supplying you with those goods and/or services and for those goods/services themselves.

We do not act as agent for the supplier and we make no representation or warranty, and provide no guarantee, that the supplier will provide you with the goods and/or services that you offer to purchase through this site, or that those goods/services will meet your expectations. You should satisfy yourself through your own enquiries as to the quality or suitability of any supplier listed on this site and any goods or services supplied, offered or recommended by or on behalf of a supplier.

Supplier's Terms and Conditions

Acceptance of an order creates a contract between you and the relevant supplier in respect of the provision of the goods and/or services that are the subject of that order. The Company is not a party to that contract. That contract will be subject to the relevant supplier's own terms and conditions of supply. You will be responsible for investigating and reviewing the supplier's terms and conditions of supply — including its policies on refunds, returns, cancellations and rescheduling, as applicable — prior to placing any order through this site.

Refunds from Suppliers

As between you and the Company, all amounts paid through this site are non-refundable. If, pursuant to the terms and conditions of the contract that is formed between you and any supplier upon the acceptance of any offer that you make through this site, you are entitled to any refund, the relevant supplier is solely responsible for providing you with that refund. The Company does not guarantee the provision of that refund to you and you must take action against the supplier directly, and not against the Company, in order to enforce your entitlement to that refund.

Disputes Between Users and Suppliers

You are solely responsible for your interactions with suppliers listed on this site and the Company is not a party to any transactions between you and such suppliers. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users and suppliers.

If you believe that any supplier from which you have purchased any goods or services through this site has failed to provide those goods or services to you, or that those goods or services did not meet your expectations, please contact us so that we may take disciplinary action against that supplier if we consider it appropriate at our discretion. The Company will not, however, act on your behalf, or on behalf of any supplier, in respect of any dispute between you and a supplier.

Intellectual Property

Copyright

In these Website Terms of Use, the term "Proprietary Content" means:

  • this site;
  • all of its content (including the registered trade marks "EMMA MEMMA" and "ELVIN MELVIN" and all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
  • all software, systems and other information owned or used by the Company in connection with this site (whether hosted on the same server as this site or otherwise).

All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of the Company or other copyright owner (as applicable).

You may download and print out content from this site only for your own personal and non-commercial use, provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks

The registered trade marks "EMMA MEMMA" and "ELVIN MELVIN" and the look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.

Copyright Claims

If you believe that our site contains any material that infringes upon any copyright that you hold or control, you may send a written notification of such alleged infringement to us at store@emmamemma.com. Such notification should identify the works allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement.

In response to such a notification, we will give written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider responds denying the infringement, we will send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Company makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular does not represent, warrant or guarantee that:

  • the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
  • this site will meet your requirements or expectations;
  • anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
  • the quality of any information or other material purchased or obtained through this site will meet any particular requirements or expectations;
  • errors or defects will be corrected; or
  • this site or the servers that make it available are free of viruses or other harmful components.

Limitation of Liability

Exclusion of Liability

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.

Remedies Limited

To the maximum extent permitted by law, the Company expressly limits its liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company's sole discretion):

  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods;
  • the payment of the cost of having the goods repaired; or
  • a store credit equivalent to the value of the goods purchased.

Release

You agree that your use of this site is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.

Force Majeure

To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.

General

Interpretation

In these Website Terms of Use, the following rules of interpretation apply:

  • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision;
  • these Website Terms of Use may not be construed adversely against the Company solely because the Company prepared them;
  • the singular includes the plural and vice-versa;
  • a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
  • the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.

Notifications

The Company may provide any notification for the purposes of these Website Terms of Use by email.

Costs

Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without the Company's prior written consent. The Company may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.

No Waiver

Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company's right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Website Terms of Use are severable and, if any provision is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

The Company reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion, and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site.

You may only vary or amend these Website Terms of Use by written agreement with the Company.

Governing Law and Jurisdiction

These Website Terms of Use will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.

Contact Information

Questions about these Terms of Use should be sent to:

Apricot Sea Pty Limited (ABN 79 647 371 140)
📧 store@emmamemma.com
PO Box 3275 Robertson 2577 NSW