Terms & Conditions

Last updated: March 29, 2020

Please read these Terms and Conditions carefully before using the https://emberdesignco.com.au website (the “Service”) operated by (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing our site and/ or purchasing goods from us, you agree to be bound by these Terms and Conditions (“Terms of Service”. “Terms”), including any additional Terms available by hyperlink. These Terms of Service apply to all users of the site without limitation. If you disagree with any part of the Terms and Conditions then you may not access the Service.

Changes to the Terms

We reserve the right, at our sole discretion, to modify, update, change or replace these Terms at any time. It is your responsibility to check this page periodically for changes. What constitutes a change will be determined at our sole discretion.

By continuing to access or use our site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time

You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to confirm and adapt to technical requirements of connecting networks and/ or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without written permission from us.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Your submission of personal information through the store is governed by our Privacy Policy.

Online Store

You must not use our products for any illegal or unauthorised purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any viruses, worms or any code of destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services and/ or legal action against you.

Prices of our products are subject to change without notice.

We reserve the right at any time to modify or discontinue products (or any part of) without notice at any time.

We cannot be held liable for any modification, price change, suspension or discontinuation of any service.

Products and Services

Products and services may be available exclusively online through the website. These products and services may have limited quantities.

Every effort has been made to accurately display colours and images of our products.
We cannot guarantee that your device’s display will be accurate.

The wood grain and colour of any products made from or consisting of natural wood may vary.

We do not warrant that any product’s quality will meet your expectations or that any errors in the service will be corrected.

You agree that your use of our products and services are at your sole risk. All products and services delivered to you are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions or merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We reserve the right to refuse any order you place. We may, at our discretion, limit or cancel quantities purchased per person, per household or per order.

In the event that we make a change to or cancel an order, we will attempt to notify you by contacting you via the details provided at the time the order was placed.

You agree to provide current, complete and accurate information for all purchases made from our store. You agree to update your account information so that we can complete you orders and contact you as needed.

Request for Customer Reviews

By placing an order you are providing consent to receive an invitation to review your order after the order has been marked as complete and delivered. You will receive an invitation via email and it is up to whether or not you choose to provide a review.

Returns and Refunds

Any complaints and refund requests must be submitted via email to info@emberdesignco.com.au.

Refund requests must be made within 7 days of receiving your item.

We do not accept returns or exchanges or provide refunds for any change of mind.

Photo evidence must be provided to Ember Design Co. within 24 hours of receiving the item/s in order to be accepted as supporting documentation for any request you make.

Custom products cannot be returned and a refund will not be issued for ‘change of mind’. Custom products that we agree for you to return will be at your cost.

Granted refunds can only be made to the original source of payment.

Liability

In no case shall Ember Design Co., our directors, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Third Party Links

We are not liable for any harm or damages caused in relation to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Complaints, claims, concerns or questions should be directed to the third-party.

User Submissions

If at our request you send certain submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are under no obligation to maintain any comments in confidence or pay compensation for any comments or to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content we determine to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of its licensors.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Australia without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Contact Us

If you have any questions about these Terms, please contact us.