Last updated: 18 May 2019
Empath Designs Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to EmpathDesigns.com and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and EmpathDesigns.com’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that EmpathDesigns.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), EmpathDesigns.com’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of EmpathDesigns.com.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
RETURNS AND REFUNDS
EmpathDesigns.com handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 7 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will either process a refund upon timely receipt of the goods purchased or an exchange for a similar priced item. Unopened and undamaged goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of EmpathDesigns.com.
LINKS TO OTHER WEBSITES
EmpathDesigns.com may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between EmpathDesigns.com and the owners of those websites. EmpathDesigns.com takes no responsibility for any of the content found on the linked websites.
EmpathDesigns.com’s website may contain information or advertisements provided by third parties for which EmpathDesigns.comaccepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, EmpathDesigns.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. EmpathDesigns.com gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of EmpathDesigns.com to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. EmpathDesigns.com’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
EmpathDesigns.com may be required, in certain circumstances, to disclose information in good faith and where EmpathDesigns.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of EmpathDesigns.com. EmpathDesigns.comexpressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then EmpathDesigns.com will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. EmpathDesigns.com reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
EmpathDesigns.com expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and EmpathDesigns.com concerning your use and access to EmpathDesigns.com’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of VIC and Australia. If there is a dispute between you and EmpathDesigns.com that results in litigation then you must submit to the jurisdiction of the courts of VIC.
PRE-ORDER TERMS & CONDITIONS
- Pre-Order Reservation
These Pre-Order Terms and Conditions govern the placing of Pre-Orders (“Pre-Order”) with Empath Designs (“we”, “ us”, or “Empath Designs”) for our products (“Products”). Please read these Terms carefully before submitting your Pre-Order of any Empath Designs’ Products. By submitting your Pre-Order, you agree to be legally bound by these terms.
When placing a Pre-Order for Empath Designs’ Products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Empath Designs shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to firstname.lastname@example.org.
You acknowledge and agree that Empath Designs may decline or delay reservations to avoid over-subscription or as it deems appropriate, provided that we will make efforts to inform you within two (2) weeks of our receipt of your Pre-Order, and that you will be entitled to a full refund of the purchase Price.
You will be charged the full Price of the Products at the time of placing the Pre-Order. If Empath Designs is unable to commence shipping the Products in 30 days, Empath Designs shall process a full refund to you. Your placing of a Pre-Order constitutes your express agreement to Empath Designs of charging the full Price of the Products at such time.
Empath Designs will build Products according to the order in which the Pre-Order is received. If you cancel or forfeit your reservation in accordance with the terms of this Agreement, your position will be taken by the next person on the Product reservation list.
- Delivery Schedule
Pre-Orders are shipped from Empath Designs based in Mooroolbark, Victoria, Australia. Pre-Ordered items may take up to six to eight (6-8) weeks to deliver depending on Product assembly and location of where to send the Pre-Ordered Products. Since Empath Designs uses the Australia Post network for domestic posting, please allow approximately 3-8 business days for delivery depending on where you are in Australia. For Northern Territory and non-Metro Western Australia customers, please allow up to 2 weeks for delivery.
Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and Empath Designs does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, Empath Designs is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodical updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation as provided for in Section 5 below.
You or Empath Designs may cancel this reservation by terminating the Pre-Order at any time for any or no reason prior to our notice to you that your Product is ready to ship.
If you do so prior to our notice of shipping of the Pre-Order item, you will obtain a full refund. If Empath Designs cancels your Pre-Order, you will receive a full refund.
- Limitation of Liability
Under no circumstances will Empath Designs be held liable for any incidental, special or consequential damages arising out or related to this Agreement. In the event Empath Designs is held liable for any damages arising out of related to this agreement, your sole and exclusive remedy will be the full refund of your purchase price without interest.
- Terms and Conditions of Sale
The purchase of the Products is subject to additional terms and conditions provided by Empath Designs. Other related current terms and policies can be found in the footer of the website and are subject to change without notice. Your purchase of the Product will be subject to these terms and conditions and the refund policy
- Customer Information
- Changes to the Terms
Empath Designs reserves the right to change any of the terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your reservation as described in Section 6 above.
- Miscellaneous Provisions
These Terms constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. This Agreement shall be governed by and shall be construed in accordance with the laws of the Australian Government. The venue for any actions relating to the subject matter or enforcement of this Agreement shall be in Australia, the place were this Agreement was entered and is to be performed. You may not assign this Agreement or any of the rights granted to you hereunder.