Terms + Conditions

Acceptance of terms and conditions

This website (“website”) is operated and provided to you by emerald + ella (“emerald + ella”). References to “we“, “us” or “our” are references to emerald + ella. Our ABN is 21 717 980 831 and our address for correspondence is 3/51 Mitchell St, Bondi Beach, NSW 2026, Australia.

Your use of this website and your purchase of the products offered by us via this website (together the “services“) are at all times subject to these terms and conditions and privacy policy (“terms and conditions”) (which form a legally binding contract between you and us) and all applicable laws. Any specific terms and conditions on this website relating to any service that you use or purchase are deemed to be incorporated into these terms and conditions. By accessing the website and using the services you agree to be bound by the terms and conditions. If you do not agree to any of the terms and conditions, then do not use the website and do not use or purchase the services.

We reserve the right, from time to time, with or without notice to you, to change these terms and conditions at our sole discretion. The terms and conditions applicable to your access to and use of this website and your use of the services will be the version that is current and displayed on this website as at each date you access this website or use the services (as applicable). Your use of this website and your use of the services after changes are made means that you agree to be bound by such changes. It is therefore important that you are familiar with the latest terms and conditions and you should make sure you read and comply with the latest terms and conditions displayed on this website every time you access this website or use the services.

Privacy

emerald + ella respects your privacy and we will keep all of your personal details you provide through, and in connection with your use of this website secure and confidential. Information that we may collect will be those details that you provide through our website facilities, services transactions, by phone, e-mail, written correspondence, surveys and/or event registrations. We will only collect and use such information that is necessary to support our business activities. Please note that this information may be stored, analysed and used by us for direct promotion purposes (such as newsletters where you have signed up to receive them) and to improve the way we do business.

Any personal information you provide to us at checkout is secured by encrypted SSL technology.

We will not share your personal information with third parties unless they are relevant to the website and/or provision of the services such as our delivery companies and financial service provider. These companies shall also treat your personal details as confidential and shall only use them for the purpose of supporting our business and providing you with the services.

Other than the third parties described above, your personal details will not be sold, exchanged, or disclosed to third parties unless required by law. You can access and request the correction or removal of any of your personal information by emailing us at info@emeraldandella.com.au. You may change also your subscription, unsubscribe or opt-out from our marketing activities at any time by emailing us. If you have any concerns about your privacy, please feel free to contact us.

Orders and payment

There are no charges for accessing or browsing the website. The prices payable for the services are inclusive of GST and are set out on the website at the time of purchase. We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of services. All prices are stated in Australian dollars and are exclusive of shipping, exchange rates differences, insurance and handling charges unless stated. To see how Australian dollars convert to your currency see www.xe.com.

We have made every effort to display as accurately as possible the colours of our products on this website. However, as the actual colours you see depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.

We use PayPal as our checkout service provider. Through this we accept credit cards (Visa, MasterCard), debit cards or a PayPal account. Please note that you DO NOT have to have a PayPal account to pay using a credit or debit card. All payments are processed securely through PayPal. PayPal will store your debit/credit card details for ease of purchase. You agree to comply with the terms and conditions of PayPal. Further details regarding PayPal can be found at http://www.paypal.com.au/au If you wish to pay by cheque, money order or bank transfer please contact us.

If you use a debit/credit card to order a product, you will need to confirm that the debit/credit card is yours. All debit/credit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be responsible for any delay or non-provision of the relevant service and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your debit/credit card payment in accordance with your order.

You agree that once you make payment using your selected payment method, subject to your statutory rights of recourse, you will not then be able to cancel your purchase and you will be charged for the relevant services provided to you. Goods from this website will remain the property of emerald + ella until they are fully paid for.

Material on this website

This website, any portion of this website, or any content available on it may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You may not use any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of emerald + ella without express written consent.

We are not responsible for, shall not be liable for, and do not approve or endorse in any way whatsoever, the content of any other sites, including, without limitation, any other sites through which you may have gained access to the website or to which you may gain access from the website. Your access to, and reliance on, any content on any other sites is at your own risk.

All content included on the website, such as, without limitation, text, graphics, logos, and images, is the property of emerald + ella and is protected by copyright laws, related rights, database right laws and moral rights.

All images on the website are for photography purposes only, we do not endorse eating anything (e.g flowers) unless you are certain that they are edible and food safe.

General terms and conditions

We reserve the right to refuse custom at our discretion.

We reserve the right to change, suspend, or cease the website and the services, or any part of them at any time and without notice to you. You agree that we will not be liable to you if we exercise those rights.

Subject to the above paragraph, this website and its contents are provided on an “as is” and on an “as available” basis and we make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness or currency of this website or its content. We assume no liability or responsibility for any errors or omissions in the content of this website or any failures for processing orders for our products. We disclaim and exclude all representations and warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not represent or warrant that the information accessible via the website is accurate, complete or current. We disclaim and exclude all liability or responsibility for introduction of viruses to, or loss of data from, devices. If any applicable authority holds any portion of this paragraph to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Your use of this website and your use of services is governed by these terms and conditions which shall be construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from or in connection with your use of this website and/or your use of the services shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

We make no representations that the website or services are appropriate or available for use at other locations and access from territories where the website or services are illegal are strictly prohibited. If you access the website outside of Australia, you are responsible for the compliance with all local laws.

When you visit the website or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail, newsletters or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically.

We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or any of the services, or for any failure or delay by us to comply with these terms and conditions, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

These terms and conditions (including any other terms and conditions incorporated into these terms and conditions) constitute the whole agreement between you and us relating to their subject matter and supersede any prior agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.

Prohibited use of this website

You agree that in using the website and using the services you will not:

a  use the website or the services in any way that interrupts, damages, impairs or renders the website less effective;

b  impersonate any other person while using this website or use this website for any illegal or harmful purpose;

c  transfer files that contain viruses, trojans or other harmful programs; or

d  access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the website security measures.