GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale (the "Terms and Conditions") govern the sale of merchandise by EMBIRIKOS (USA) LIMITED, having its registered address at (INSERT ADDRESS), and registered in the United States of America with (CODE?) ("EMBIRIKOS" or "we") through the of website held at www.embirikos.com (the "Website"). The sale of goods is available for purchases globally.
Only individuals who (a) have reached the age of majority (eighteen in most countries), (b) have legal capacity to enter into contracts , may place orders for EMBIRIKOS products either through the Website, following the indications thereon. We do not accept orders by email. All orders are subject to written acceptance by EMBIRIKOS. It is your responsibility to check that the information displayed in your Shopping Bag accurately reflects your selection before confirming your order. Upon confirmation (i.e. clicking the "Place Order" button as explained below), the order will be sent to EMBIRIKOS for processing and you will receive an acknowledgment email containing the main details of your order. Said acknowledgement email does not represent acceptance of your order. After processing, upon shipment of the product you have ordered, we will send you a confirmation email of your order. EMBIRIKOS also reserves the right to require verbal confirmation of orders. If we request verbal confirmation of an order, you shall give confirmation by phone and email confirmation will not be sufficient.
The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images. Accordingly, EMBIRIKOS shall not be liable for any error or inaccuracy in the photographs or graphical representations of EMBIRIKOS products displayed on the Website. If you have any questions about the products, you may contact the customer service department by emailing email@example.com, calling +1 (401) 428-8686. Orders may be placed for personal use only, any commercial use excluded. EMBIRIKOS has the right to cancel any order placed by you in the event you have been involved in a dispute concerning a prior order, or if EMBIRIKOS has reasonable ground to suspect that you have violated these Terms and Conditions, or are or appear to be engaged in fraudulent activities or use of purchased products other than for personal use as permitted by these Terms and Conditions. EMBIRIKOS has the right to refuse any order at its discretion. Orders may not exceed three (3) products in any buying session.
CONFIRMATION OF ORDERS
In order to process the order, you must select the product you wish to buy and click the "Add to bag" button. The selected products will then be included in the "Shopping Bag" and the order can be placed by filling out the order form and accepting the General Terms and Conditions of Sale. Prior to submitting the order you are required to verify the accuracy of the information provided and make the necessary corrections. The Order is submitted when you click the "Place Order" button. After placing an order, you will receive an automatic e-mail confirmation from us acknowledging that we have received your order. Please note that clicking the "Place Order" button does not mean that your order has been accepted and purchase completed. Your order constitutes an offer to us to buy a Product. Upon receipt, the order will be submitted to EMBIRIKOS for processing and may not be changed or cancelled except as expressly provided in these Terms and Conditions or as required by applicable law. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched and which contains the relevant tracking number (the "Order Confirmation"). The contract between us will only be formed when we send you the Order Confirmation. The contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. EMBIRIKOS files for its own records evidence of all transactions between EMBIRIKOS and its customers. Download and file for your own records these General terms and Conditions and the Order Confirmation. In the event of a dispute between EMBIRIKOS and one of its customers relating to a transaction conducted on the Website, the data recorded by EMBIRIKOS shall be treated as evidence of the details of the transaction.
Some products identified on the Website may be available for pre-order. Subject to the conditions provided for herein and to the conditions mentioned on the Website page of the products available for pre-order (delivery period and delivery options), pre-orders will be governed by the same processes and conditions as those applicable to Orders. In case of a mixed order consisting of currently available products and pre-ordered products or in case of a pre-order of several products with different delivery dates mentioned on the Website, the latest delivery date will be applicable to the entire pre-order. At the time of a pre-order, EMBIRIKOS will obtain a credit authorization from your card issuer equal to the entire amount of the purchase. Once the pre-ordered product is ready to ship (usually within 7 days), EMBIRIKOS will process the purchase transaction by charging your credit card and send you an Order Confirmation. If your credit card is declined when EMBIRIKOS attempts to take payment, you will be contacted by Customer Service to make alternative payment arrangements acceptable to EMBIRIKOS. If no such arrangements are made promptly, the pre-order will be cancelled. Due to production constraints, EMBIRIKOS might have to cancel a pre-order, in whole or in part. EMBIRIKOS will inform you of such cancellation without undue delay, will cancel any authorization against your credit card and your credit card will not be charged.
EMBIRIKOS reserves the right to change the assortment of items offered on the Website from time to time without prior notice to the customers. EMBIRIKOS will not be liable if any product is out of stock or otherwise unavailable.
PRICES AND PAYMENTS
The prices of EMBIRIKOS products are indicated in United States Dollar (USD), inclusive of applicable taxes and excluding shipping costs if any.
EMBIRIKOS reserves the right to modify the price of products offered on the Website at any time without prior notice to you. You will be charged the prices displayed on the Website at the time the order was confirmed by you by Clicking on the "Place Order" button.
You are responsible of the costs incurred when using means of distance communication in connection with placing an order with us (cost of internet access, telephone costs), and these costs do not differ from the standard rate.
EMBIRIKOS reserves the right to correct any errors or inaccuracies on the Website or to cancel orders if any such information is inaccurate. You will be required to pay for any order placed on the Website immediately upon clicking on the "Place Order" button. The amount of the purchase price of the products ordered by you will be blocked on your credit or debit card but you will only be charged upon shipment of the products to you.
We only accept payment through the following credit and debit cards: Visa, Mastercard, Amex, UnionPay as well as PayPal. All orders are payable in United States Dollar (USD). Please note that your order must contain a valid and recognised delivery address. Orders with a non-valid shipping address will not be processed.
RESERVATION OF TITLE
Products ordered by you will remain the property of EMBIRIKOS until EMBIRIKOS has received full payment thereof and you hereby grant a security interest in such products until full payment has been received. If there is any problem with payment, you are responsible to return the goods received to EMBIRIKOS immediately upon request.
Products purchased via the Website are delivered globally. The products will be shipped to the delivery address specified during the ordering process. Please note that PO Boxes, BFPO may not be used for the delivery of our products. If you insert a Hotel address as the delivery address for your order, please note that the delivery can only be made to the person indicated in the order, and the products may not be delivered to the reception of the Hotel.
During the ordering procedure, EMBIRIKOS will inform you of the standard time required for delivery and the various forms of delivery available for the goods products purchased. You will be asked to select the shipping method as a part of the ordering procedure. Delivery costs, if any, depend on the value of the order and the delivery service chosen. EMBIRIKOS reserves the right to divide the order into partial shipments. In this case your credit or debit card will only be charged for a single shipment. While EMBIRIKOS cannot guarantee a delivery time, it provides the following general shipping guidelines.
Express Delivery: the products will generally be delivered within 2 to 4 working days from the order confirmation date. Please allow up to 6 working days for orders of personalised products.
Upon delivery, the signature confirmation by a person who is at least 18 years of age is required for all embirikos.com orders. You acknowledge that any person taking delivery of the products at the designated address shall be deemed to have done so with your authorization.
PROBLEMS OF DELIVERY
Any failure to deliver or a delivery exceeding ten (10) business days from the shipment date or any discrepancy between ordered and delivered products should be promptly reported to our Customer Service department by phone at +1 (401) 428-8686 or e mail at firstname.lastname@example.org, or via live chat on the Website as soon as possible.
For repair inquiries, please contact our Customer Service by phone, calling +1 (401) 428-8686 or emailing email@example.com.
EMBIRIKOS guarantees the authenticity of all products purchased through the Website.
GOVERNING LAW - CHOICE OF FORUM – ONLINE DISPUTE RESOLUTION
These Terms and Conditions shall be governed by the laws of the United States of America without regard to its conflicts of law provisions. You agree that any cause of action that may arise under these Terms and Conditions will be brought in the appropriate court in New York and you agree to submit to the personal and exclusive jurisdiction of the appropriate courts located in the United States of America. The foregoing is without prejudice to any of your rights which cannot be excluded under the law of your Country of residence Please note that the American Bar Association provides information for alternative extra-judicial resolution of disputes, available on the website https://www.americanbar.org/
We are not responsible for any delay in, or failure of, performance of our obligations under any these Terms and Conditions arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
Please note that nothing contained in these Terms of Sale in any way affects your statutory rights.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
BUSINESS PARTNERS & SUPPLIER CODE OF CONDUCT
EMBIRIKOS's commitment to conducting business ethically is expressed in its Business Partners & Supplier Code of Conduct, available on the Website at (Website page - social responsibily). EMBIRIKOS constantly checks that the principles of these codes are respected and properly applied.
COPYRIGHT – VALIDITY
(c) 2021 EMBIRIKOS (USA) LIMITED. All rights reserved.
These Terms and Conditions are effective as of 24th May 2021.