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CEMÔY Website Terms of Use

Welcome to the website of Cemôy (“we”, “us” or the “Company”).

This website is located on the web via the domain https://cemoy.com/shop and includes all of the files located in that domain (“this site”).

This website is run and operated under the company of Grands Esprits Pty Ltd.

These Website Terms of Use also apply to Cemôy mobile and social media applications.

Agreement to these Website Terms of Use

By accessing this site, you agree to be bound by these terms of use (“Website Terms of Use”). These Website Terms of Use constitute a binding agreement between you and the Company and govern your use of this site.

Privacy Policy

As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy (located at https://cemoy.com/shop/privacy-policy/), which is incorporated by reference into these Website Terms of Use. Cemôy is not subject to any obligation of confidentiality regarding any user content except as specified in Cemôy Privacy Policy.

Restrictions on use

Prohibited conduct

Your use of this site is subject to the rules set out in Schedule 1 below.

Violations of these Website Terms of Use

Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:

  • temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products to you if:
    • – you breach any provision of these Website Terms of Use;
    • – the Company is unable to verify or authenticate any information that you provide to us; or
    • – the Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers or any other person; and
  • remove or block access to any information and/or materials (in whole or in part) that the Company, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Website Terms of Use.

Indemnity

You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

  • any material or information that you submit, post, transmit or otherwise make available through this site;
  • your use of, or connection to, this site; or
  • your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.

Cemôy Returns Policy

Cemôy (“we”, “us” or the “Company”) prides itself on providing products of the highest quality and is committed to customer satisfaction. This returns policy describes generally how we manage product returns. Returns remain subject to our Usage Terms (https://cemoy.com/shop/terms-of-use/). If you would like more information, please don’t hesitate to contact us.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

A product or good has a major failure when:

  1. it has a problem that would have stopped someone from buying it if they’d known about it;
  2. it is significantly different from the sample or description;
  3. it is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time; or
  4. it is unsafe.

Importantly, the rights described in this policy are in addition to the statutory rights to which you may be entitled under the Australian Consumer Law and other applicable Australian consumer protection laws and regulations.

Please note there may be limitations on your right to return and obtain a refund for products, however these limits will always be subject to your statutory rights.

Refunds

Refunds will only be made to the extent required by Australian Consumer Law and will be refunded in Australian Dollars.

We will not accept returns and do not offer refunds or exchanges for change of mind reasons, even if the item is unused. Where a product is faulty or damaged, you will be entitled to an exchange or refund to the same payment method as the initial purchase. If the item you have received is faulty, please contact us with a detailed description of the product fault, and a photo if possible. If you have received an item that isn’t what you ordered, or it arrived damaged, please take a photo and contact us within the first 10 Business Days after the date of delivery to you. All valid returns must be made within a reasonable time frame, being 10 business days from purchase. All merchandise must be accompanied by a valid receipt. Cemôy is committed to its obligations under the Australian Consumer Law. Each valid request for an exchange or refund will be dealt with on its merits in accordance with Cemôy’s legal obligations.

Returns

What you must return to us

To receive a replacement or credit, you must first return the item to us along with its original packaging.

Returning items within the first 10 Business Days

If we receive the returned item, or written notice from you that you will be returning the item, within the first 10 Business Days after the earlier of the date of purchase and the date of delivery to you, then we will assess the circumstances (including analysing the returned item, if considered appropriate by us) to ascertain whether or not the Company is at fault and:

  • (Company at fault) if we consider that the Company is at fault, we will provide a full replacement of the returned item (or a credit at our discretion); or
  • (Company not at fault) if we consider that the Company is not at fault, then no replacement or credit will be provided.

Returning items after the first 10 Business Days

If we do not receive the returned item, or written notice from you that you will be returning the item, within the first 10 Business Days after the earlier of the date of purchase and the date of delivery to you, then we will assess the circumstances (including analysing the returned item if considered appropriate by us) to ascertain whether or not the Company is at fault and:

  • (Company at fault) if we consider that the Company is at fault, we will assess the condition of the product and only provide a full replacement or credit when the product is found faulty.
  • (Company not at fault) if we consider that the Company is not at fault, then no replacement or credit will be provided.

Business Days

In this returns policy, “Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in Sydney, New South Wales are open for business.

Shipping costs

In all cases, you must pay the costs involved in shipping the returned product back to the Company. If we consider that the Company is not at fault, then no reimbursement in respect of those shipping costs will be provided. If we consider that the Company is at fault, then we will reimburse you for your reasonable shipping costs incurred in returning the product to us.

Dealings with third parties

Content supplied by third parties

This site includes links to third parties’ websites. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:

  • any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
  • any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
  • any loss or damage that results from any dealings that you may have with such third parties.

Third party goods/services and websites

We do not recommend or endorse any third party goods or services that are listed, advertised or referred to in this site or the content of any third party websites. We

are not responsible for the content of linked third party websites, websites framed within this site or third party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.

No delivery to a freight forwarding company

This section applies to all orders and backorders that placed through this site.

We do not accept any orders or backorders that note the address of a freight forwarding company as the order delivery address.

User acknowledgements

You acknowledge that the Company does not:

  • check the truth or currency of any of the material or information that third parties provide or make available through this site;
  • control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties referred to in this site or whose identities become known to you through this site, including suppliers of content that is published or made available in or through this site;
  • offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties; or
  • endorse or recommend any third party supplier or any third party goods or services, including where details of the relevant supplier are provided by the Company to you or otherwise become known to you through this site.

Disputes between users and suppliers

You are solely responsible for your interactions with suppliers listed on this site and the Company is not a party to any transactions between you and such suppliers. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users and suppliers.

If you believe that any supplier from which you have purchased any goods or services through this site has failed to provide those goods or services to you, or that those goods or services did not meet your expectations, please contact us to let us know so that we may take disciplinary action against that supplier if we consider it appropriate at our discretion to do so. The Company will not, however, act on your behalf, or on behalf of any supplier, in respect of any dispute between you and a supplier.

Intellectual property

Copyright

In these Website Terms of Use, the term “Proprietary Content” means:

  • this site;
  • all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof);
  • all software, systems and other information owned or used by the Company in connection with this site (whether hosted on the same server as this site or otherwise); and
  • all user generated content that is owned or licensed by the Company.

All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of the Company or other copyright owner (as applicable).

You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks

The Company’s logo and the phrase “CEMÔY” are trademarks of the Company. The trademarks may or may not be be designated as such from time-to-time through the TM or ® symbols. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.

Copyright claims

If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:

  • the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
  • this site will meet your requirements or expectations;
  • anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
  • the quality of any information or other material purchased or obtained through this site will meet any particular requirements or expectations;
  • errors or defects will be corrected; or
  • this site or the servers that make it available are free of viruses or other harmful components.

Limitation of liability

Exclusion of liability

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.

Other than where required by law, the Company is not responsible for inaccurate information provided through this site and makes no representations as to the accuracy reliability, timeliness or completeness of Content, including but not limited to the description, availability or effectiveness of any product.

Remedies limited

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion):

  • in the case of goods, to any of the following:
    • – the replacement of the goods or the supply of equivalent goods;
    • – the repair of the goods;
    • – the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    • – the payment of the cost of having the goods repaired; and
  • in the case of services:
    • – the supply of the services again; or
    • – the payment of the cost of having the services supplied again.

Release

You agree that your use of this site is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.

Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.

General

Interpretation

In these Website Terms of Use, the following rules of interpretation apply:

  • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
  • these Website Terms of Use may not be construed adversely against the Company solely because the Company prepared them;
  • the singular includes the plural and vice-versa;
  • a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
  • the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.

Notifications

The Company may provide any notification for the purposes of these Website Terms of Use by email.

Costs

Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without the Company’s prior written consent.

The Company may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.

No waiver

Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company’s right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

The Company reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site.

You may only vary or amend these Website Terms of Use by written agreement with the Company.

Governing law and jurisdiction

These Website Terms of Use will be governed in all respects by the laws of New South Wales, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts of appeal from them. The foregoing shall not preclude the Company from seeking any injunctive relief in courts of competent jurisdiction located in other countries and jurisdictions for protection of the Cemôy intellectual property.

Consent to receive direct marketing

By interacting with Cemôy as a customer you consent to receive electronic messages and marketing communications from Cemôy containing marketing and promotional material. Cemôy may contact you by text message, email or other digital service, phone or post to let you know about our sales and promotions and any new or existing products or services. You can read more about how to manage your marketing communications preferences including how to ‘opt-out’ or ‘unsubscribe’ in our Privacy Policy.

No bulk purchases

We will only allow a maximum of 20 items of any specific product per order.

Schedule 1 – Prohibited conduct

YOU MUST NOT:

  • use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
  • engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
  • use this site to decipher passwords or security encryption codes, transmit any worms, viruses time bombs, Easter eggs or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
  • use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
  • use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
  • use this site by any automated means;
  • use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
  • access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
  • interfere with the display of any advertisements appearing on or in connection with this site;
  • reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
  • reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
  • falsely imply that any other website is associated with this site;
  • do anything that leads, or may lead, to a decrease in the value of the Company’s intellectual property rights in this site;
  • use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
  • release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company’s prior written consent; or
  • use this site to transmit any information or material that is, or may reasonably be considered to be:
    • – abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
    • – libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
    • – infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right of the Company or any other person or entity;
    • – in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
    • – in breach of any person’s privacy or publicity rights;
    • – a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
    • – in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
    • – containing any political campaigning material, advertisements or solicitations; or
    • – likely to bring the Company or any of its staff into disrepute.
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