Terms of service
OVERVIEW
This website is operated by Emilia New York. Throughout the site, the terms “we”, “us” and “our” refer to Emilia New York. Emilia New York offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
When you visit our website and/or purchase something from us, you are participating in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms, conditions and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the Website, including but not limited to users who are browsers, vendors, customers, merchants and/or content providers.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this Agreement, do not access the Website or use the Services.
Any new features or tools added to the current offering will also be subject to the Terms of Service. You can view the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in the state, province, or jurisdiction in which you reside, or that you have given us permission to allow your minor dependents to use this Site.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction, including but not limited to copyright laws, while using the Service.
You must not transmit any worms, viruses or code of a destructive nature.
Violation or breach of any of the Terms may result in immediate termination of your Services.
SECTION 2 - GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service at any time for any lawful reason.
You acknowledge that Your Content (other than credit card information) may be transferred unencrypted and may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.
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 without express written permission from us.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information.
This site may contain certain historical information. Historical information is necessarily not current and is provided for reference only. We reserve the right to modify the contents of this site at any time.
SECTION 4 - CHANGES IN SERVICES AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice where permitted by applicable law.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service, except where liability cannot legally be excluded.
The presentation of products in our online store does not necessarily constitute a legally binding offer. By completing checkout and submitting an order, you make an offer to purchase the selected products. You will receive an automated order confirmation by email. Acceptance and formation of the purchase agreement are subject to applicable law.
Applicable statutory warranty rights remain unaffected.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and may only be returned or exchanged in accordance with our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your device’s display of any color will be accurate.
We reserve the right, where legally permitted, to limit sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
All descriptions of products and product pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time.
We do not guarantee that every product, service, information or other material purchased or obtained by you will meet your individual expectations.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel orders where reasonably necessary, including suspected fraud, payment issues, pricing errors, inventory issues, or orders that appear to be placed by unauthorized dealers, resellers or distributors.
These restrictions may apply to orders placed under the same customer account, credit card, billing address or shipping address.
If we change or cancel an order, we may attempt to notify you using the email address or other contact information provided when the order was placed.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our store.
For more information about returns and refunds, please see our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have control or input.
You acknowledge and agree that such tools may be provided “as is” and “as available” without warranties, representations or conditions of any kind, subject to applicable law.
Any use by you of optional third-party tools offered through the Website is at your own risk and discretion. You should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties.
Third-party links on this website may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy.
We are not responsible for harm or damages related to purchases or use of goods, services, resources or content through third-party websites except where responsibility cannot legally be excluded.
Please review third-party policies carefully before engaging in any transaction.
SECTION 9 - COMMENTS, FEEDBACK AND OTHER USER SUBMISSIONS
If you send us comments, feedback, suggestions, proposals or other materials, you agree that, subject to applicable law and our Privacy Policy, we may use such submissions for legitimate business purposes.
You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights.
Your comments must not contain unlawful, abusive, obscene or malicious material, computer viruses or other malware.
You are responsible for the accuracy and legality of comments you submit.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the Store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website or within the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.
We reserve the right to correct errors, inaccuracies or omissions and to change or update information where appropriate, subject to applicable consumer law.
Nothing in these Terms limits any rights you may have under applicable consumer protection laws.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in these Terms, you are prohibited from using the Site or its content for unlawful purposes; to solicit others to perform unlawful acts; to violate applicable laws or regulations; to infringe intellectual property rights; to harass, abuse, insult, harm, defame, intimidate or discriminate against others; to submit false or misleading information; to transmit malicious code; to collect or track personal information unlawfully; to spam, phish, scrape or crawl the website in an unauthorized manner; or to interfere with the security features of the Service.
We reserve the right to terminate or restrict your use of the Service for violating these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our Service will always be uninterrupted, timely, secure or error-free.
To the fullest extent permitted by applicable law, the Service and products and services delivered through the Service are provided on an “as is” and “as available” basis.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, nor does anything in these Terms affect mandatory consumer rights available to you under applicable law.
SECTION 14 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Emilia New York, its service providers, contractors, suppliers and representatives from claims arising from your unlawful use of the Service, your material breach of these Terms, or your violation of the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
These Terms of Service remain effective unless and until terminated by either you or us.
You may stop using our Services at any time.
We may suspend or terminate access to our Services where you materially breach these Terms or where otherwise permitted by applicable law.
Obligations and liabilities incurred before termination will survive termination where applicable.
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted on this Site constitute the agreement between you and us regarding your use of the Service, subject to any mandatory rights provided by applicable law.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide Services shall be governed by applicable law.
Nothing in these Terms deprives consumers of any mandatory protections or rights available to them under the laws applicable to their place of residence.
SECTION 19 - CHANGES TO THE TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms by posting updates and changes to our website.
Where required by applicable law, material changes will be communicated appropriately.
Your continued use of the Website following changes constitutes acceptance of those changes to the extent permitted by applicable law.
SECTION 20 - CONTACT INFORMATION
Questions about these Terms of Service can be sent to:
Email: support@emilianewyork.com
Customer Service Hours (ET)
Monday – Friday: 9:00 AM – 5:00 PM
Saturday & Sunday: 10:00 AM – 3:00 PM
Emilia New York
Meidoornlaan 5
5953 KG Reuver
The Netherlands