Terms & Conditions

General Terms and Conditions and Customer Information

Purchase and sale contracts between
emsy, Perth, Western Australia

- hereinafter referred to as the "Seller" -

and

the customer named in §1 (2) of the contract

- hereinafter referred to as "Customer" -

which will be closed via the platform www.emsy.com.au

I. APPLICABILITY TO CUSTOMERS AND DEFINITIONS

1.1 The following General Terms and Conditions apply, as amended when the order is placed, to all deliveries between us as seller (emsy) via the website www.emsy.com.au and you as a customer.

1.2 A ‘customer’ in the sense of these General Terms and Conditions is any natural person concluding a transaction for a purpose which cannot be connected to their commercial or independent professional activity.

II. CONCLUSION OF CONTRACT

2.1 The following provisions for the conclusion of a contract apply to orders placed through our online store at www.emsy.com.au.

2.2 Any contracts concluded shall be with the following company: emsy, 8 Charles Street, Perth WA 6008. Our customer services are available to take your queries and complaints by e-mail at heyemsy@gmail.com. The depiction of the products in our online store does not represent a legally binding offer, but rather a non-binding online catalogue. By clicking on the order button you are submitting a binding order for the goods contained in your basket.

2.3 The following provisions apply when an order is placed in our online store: by successfully completing the order process in our online store, the consumer is submitting a binding order. The order will be both confirmed and accepted immediately after it is submitted by means of an automated email. The purchase contract will be concluded once this email confirmation is sent. Unless you opted to pay by credit card. In this case, the contract will be concluded once your account is charged (upon conclusion of the order). Unless you opted to pay by PayPal. In this case, the contract will be concluded once your payment instructions are confirmed by the payment service provider. You must complete the order process by submitting an order for the effective conclusion of a contract. After checking their information but before submitting a binding order, the consumer can click the ‘Back’ button in their Internet browser to return to the page containing the consumer’s information in order to correct any input errors; alternatively, the consumer can cancel the order process by closing the Internet browser.

2.4 We shall store the contractual text and send you the order data and our T&C by email. You can also view and download our T&C on this page at any time. 

III. PRICES, SHIPPING COSTS, PAYMENT, MATURITY

3.1 The prices indicated include GST and other price components. Shipping costs and delivery shall be paid by the customer and shall be pointed out in the invoice.

3.2 Delivery times may vary depending on the destination. Customs duties may be charged.

3.3 The consumer can choose to pay by bank transfer, PayPal and by credit card (Visa, Mastercard).

V. WARRANTY

5.1 The statutory liability for defects shall exist.

5.2 As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

VI. LIABILITY

6.1 We shall always have unlimited liability for claims based on damage caused by us, our legal representatives or vicarious agents: • in the event of injury to life, limb or health, • in case of intentional or grossly negligent breach of duty, • in the case of guarantee promises, if agreed, or • to the extent that the scope of application of the Product Liability Act has been opened up.

6.2 In the event of breach of material contractual obligations, the performance of which is essential for the proper performance of the contract and on the compliance with which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

6.3 We shall not be liable (irrespective of the legal basis) for damages which are not typically to be expected with normal use of the goods. Our liability is also excluded for damages resulting from loss of data if replacement is not possible or difficult due to missing or inadequate data backup. The above limitations of liability do not apply in the case of intent or gross negligence.

VII. RETENTION OF TITLE

7.1 We reserve ownership of the goods until the purchase price is paid in full.