Terms of Service

 

Last Updated: December 2, 2024


  1. Overview
      1. Eminere Pty Ltd (ACN 660 206 717) (Eminere, We, Our, and/or Us) operate the Eminere website located at https://eminerehorology.com (the Website).
      2. As a condition of purchasing any of the Products on our Website (each a Product), you agree to the following Purchase Terms and Conditions (Purchase Terms) and to be legally bound by these Purchase Terms.
      3. If you do not agree with the Purchase Terms, you should stop using the Website.
      4. Eminere has the right to update the Purchase Terms at any time and will post updated Purchase Terms on the Website. Despite this, we agree to apply Purchase Terms in place at date of any Order you make on the Website, to that Order.


  1. Owner and Consignee

Eminere owns certain Products for sale on the Website and offers other Products for exhibition and sale as consignee to third party owners (each a Consignor and such arrangement called a Consignment Arrangement).


  1. Pricing And Ordering
      1. Product prices and shipping fees (if applicable) are specified on the Website. We reserve the right to change Product and shipping pricing at our discretion and without notice although we will not change the price of any Product once you have placed an Order for that Product. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any Products, we will promptly correct the error.
      2. Unless otherwise stated, all prices are in Australian Dollars. GST (as that term is defined in the A New Tax System (Purchase and Services Tax) Act 1999 (Cth)) is added to the order total for all Orders within Australia.
      3. By placing an order for any Product via the Website or in-person (Order) at our main office in Cremorne, Melbourne (Main Office) you are offering to purchase the Products on and subject to these Purchase Terms.
      4. While we try our best to fulfil all Orders, you agree that we have the right to accept, reject or cancel an Order for any reason at any time. If we cancel an Order, we will provide a full refund of all monies paid to us in relation to the cancelled Order.
      5. An Order confirmation will be sent to you in acknowledgement of receipt of your Order. This document supersedes all prior correspondence in relation to the Order (verbal, written, graphic or otherwise). Any changes to the Order may only be made with our approval.
      6. You are responsible for any credit card fees or surcharges that apply to your Order.
      7. To purchase Products:
        1. Via our Website: you must use a valid credit and debit card. We use Stripe a third-party payment processor to process payments, as well as payment via EFT transfer. We reserve the right to request verification for payment via EFT transfer.
        2. In person at our Main Office: you must use a valid credit and debit card. We may request that you make payment via POS of EFT.
      8. We may offer a price drop (a Promotion) from time to time on certain Products, and you agree that:
        1. Promotions apply to full priced items only;
        2. Promotions cannot apply retrospectively to previous Orders; and
        3. We may change or cancel any Promotion at any time and without notice within our sole discretion.


  1. In-Person Collection
      1. When you place an Order, you will be required to elect for collection of your Order in person from our main office (In-person Collection), or via shipment of your Order (see clause 5 below).
      2. Where you elect In-Person Collection, our team will contact you (via your email address or phone number supplied) to co-ordinate a time for collection during our regular business hours. You must ensure you are available on a time and date within 30 days from the time and date of the Order being placed.

We reserve the right to charge additional reasonable fees for storage of your Order beyond this timeframe. 


  1. Shipping And Delivery
      1. Where you elect for shipment of your Order, you agree that it is your responsibility to provide accurate information to us. Where inaccurate delivery information is provided, you agree that a redelivery fee may apply and is payable by you.
      2. We aim to process and ship Orders within 3 business days of the Order being placed.
      3. Any date or period of time given by us in relation to the processing and shipping of an order (either in these Purchase Terms or otherwise) is intended as an estimate only and may be subject to change. You agree that we are not responsible for any Loss suffered by you where an Order is not processed or delivered within the estimated time frame. We will notify you via email if there are any significant processing or delivery delays in relation to your Order.
      4. You are responsible for paying shipping costs unless we offer you free shipping. Shipping costs will be outlined at the checkout prior to payment. 
      5. Once an Order is dispatched, we will send you a confirmation email with tracking information.
      6. We ship within Australia and internationally (where you submit a request with us in writing prior to making an order, and this request is accepted by us, in our sole discretion).
      7. All domestic Order are posted via FedEx (via their Declared Value Advantage program) and other suitable delivery partners as determined by us from time to time.
      8. Where we agree to ship your Order internationally, you are responsible for payment of all customs, import fees, taxes, duties that may apply to your Product (International Costs). You understand that these International Costs are external to our Website, and accordingly, will not be outlined at the checkout.

We kindly request that you inspect all Products on delivery to confirm they are what you ordered and do not have any faults or defects.  If required by our delivery agent, you must also note any damage on the delivery docket presented to you by the delivery agent for signature. If you believe that your Order has been lost or damaged in transit, please contact hello@eminerehorology.com. 


  1. Title And Risk
      1. Title in the Product(s) comprising an Order is retained by us (or the Consignor, if the Product is sold on consignment) and will not pass to you until full payment in cleared funds is received by us.
      2. To the extent permitted by law, all risk in the Product(s) passes to you when you collect your Order via In-Person Collection or the Order is dispatched to a carrier for shipment to your nominated delivery address.


  1. Australian Consumer Law
      1. Your Purchase come with ‘consumer guarantees’ (Consumer Guarantees) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) which cannot be excluded by these Purchase Terms. 
      2. Nothing in these Purchase Terms shall override your rights as a consumer under the Australian Consumer Law, your Consumer Guarantees or any other non-excludable rights you may have at law.


  1. Refund Policy For Change Of Mind
  1. Subject to your rights under clause 7 and unless we otherwise agree, we do not give refunds for ‘change of mind’ or incorrect decisions.
  2. If you inform us that you are dissatisfied with your Order, we may, at our sole discretion, offer you the option to trade it in (Trade In Process) in consideration for our purchase of the Order, at a price we determine in our reasonable discretion. All purchase prices offered by us during the Trade In Process are final and non-negotiable.


  1. Returns Policy For Faults And Incorrect Products
    1. Faulty or defective products
      1. If you believe any of the Products purchased on or through the Website are faulty, defective or have a problem please notify us by email at hello@eminerehorology.com (this is referred to as a Fault Notice) with the following information:
        1. customer name;
        2. date of purchase;
        3. order number;
        4. Product(s) being returned;
        5. reason for return;
        6. photos or videos of any fault or defect (if applicable); and
        7. the outcome you request.
      2. So that we can best deal with the relevant issues, we kindly request that you email all Fault Notices to us within 14 days of the Products being delivered to you.
      3. Upon receiving a Fault Notice, we will promptly assess and discuss all Fault Notices with you, and:
        1. where we agree there is an issue with your Product, we will ask you to return the Product to us and you will be entitled to receive a remedy listed below; and
        2. where we are unable to determine whether there is an issue with your Product, we will ask you to return the Product to us for further assessment.
      4. Where a Product is returned under clause 9.1 and the Product has:
        1. a minor problem (as defined in the Australian Consumer Law), we will at our election, repair or refund the Products and pay for return shipping costs;
        2. a major problem (as defined in the Australian Consumer Law), we will at your election, repair or refund the Products and pay for return shipping costs;
    2. Damage during transit

To the extent permitted by law and subject to clause 7, we are not responsible to you for any Loss to Orders in transit caused by any event of any kind or by any person however where you:

      1. suspect an Order have been damaged in transit;
      2. have notified us and FedEx in writing after Loss is discovered on receipt of the Order; and
      3. serves a claim for compensation on FedEx within 3 days of the date of receipt of the Order,

we agree to provide you with such assistance as may be reasonably necessary to institute claims against a carrier for damages to the Order in transit.


  1. User Accounts
      1. We may assign you a username and/or password and account information in order for you to access and use certain areas of the Website or require you to establish your own account access using a username and password chosen by you (Login). Each time you use your Login, you will be deemed to be authorised to access and use the Website in accordance with the Purchase Terms.
      2. It is your sole responsibility to protect the security and confidentiality of your Login and for all activities on the Website using the Login, including without limitation all communications, transmissions and obligations (including, without limitation, financial obligations) incurred on the Website through such access or use of your Login.
      3. You must immediately notify us of any unauthorised use of your Login or any other actual or threatened breach of the Website’s security that you may be aware of.


  1. Personal Information
      1. We are committed to the transparent management of your personal information.
      2. So that we can fulfil your Orders, we will need to collect certain personal information from you.
      3. We agree to take all reasonable steps to protect your personal information submitted to us via the Website in accordance with our Privacy Notice, located here: [insert hyperlink].


  1. Product Disclaimers
      1. By purchasing any Products from our Website, you agree and acknowledge that as majority of our Products are second-hand:
        1. the age, price and condition of these Purchase will be taken into account where the Consumer Guarantee of acceptable quality is assessed; and
        2. the Consumer Guarantee of acceptable quality will not apply where we notify you of any hidden defects (for example, cosmetic defects) or where defects were indicated in photos or the description of the item on our Website before you place an Order. 
      2. Whilst we make every effort to display as accurately as possible the Products that appear on the Website through the photographs that we capture of each Product, please be aware that colours and textures may vary in person.


  1. Intellectual Property
      1. EMINERE is a trade mark of Eminere Pty Ltd (ACN 660 206 717) . Other Product and company names displayed on the Website may also be trade marks of their respective owners.
      2. We are the exclusive owner of, or otherwise have a licence to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Website (Content).
      3. While you may browse or print the Content for non-commercial or personal use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of this Website or the Content for any other purpose.


  1. Brand Designers

You agree and acknowledge the following:

      1. We are not the designers of the Products. The Products we stock are designed and furnished by third party designers (Brand Designers).
      2. We are not affiliated with the Brand Designers of Products we stock, nor are we sponsored, approved, or endorsed by the Brand Designers.
      3. Subject to our own intellectual property, outlined in clause 13 above, we do not own any designs, patents, trade marks or other intellectual property rights in any of the Products.


  1. Third Party Links

The Website may include links to third party websites, over which we have no control. Such links do not indicate, expressly or impliedly, any endorsement by us of the third-party website or the Products and services provided on that third party website. You agree that we are not responsible for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, or that third party sites will be virus free.


  1. Limitation Of Liability

Subject to clause 7 of these Purchase Terms, without overriding any Consumer Guarantees, and only to the extent permitted by law, you agree:

      1. Your use of, and reliance on, this Website (including all Content) is entirely at your own risk, and we exclude our liability to you (including because of our negligence) for all types of Loss resulting from your use of or reliance on this Website (including all Content), however incurred;
      2. Eminere does not make any representations, warranties or guarantees in relation to the supply or purchase of Products by Eminere via the Website; and
      3. Eminere hereby disclaims all liability in connection with any Loss arising out of or in connection with any use of, or reliance on, the Website.


  1. Indemnity
      1. You indemnify us (and our representatives) from and against all Claims and Loss, which may be bought against or suffered or incurred by us (or our representatives) arising out of or in connection with a material breach of these Purchase Terms by you (or your representatives) or an unlawful or negligent act or omission carried out by you (or your representatives) in relation to these Purchase Terms. 
      2. We have an obligation to mitigate any Claim or Loss which may be made or brought against or suffered or incurred by us.
      3. Your obligation to indemnify us under this clause will be reduced proportionally to the extent that we caused or contributed to the Loss or Claim. 


  1. Governing Law
      1. The Purchase Terms are governed by and are to be construed in accordance with the laws of the State of Victoria, Australia and you agree that the courts of the State of Victoria, Australia will exclusively adjudicate over any dispute in relation to these Purchase Terms. 
      2. If any term of these Purchase Terms conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation will prevail.
      3. This Website may be accessed from outside Australia.  We make no representation that the Content available through this Website complies with the laws (including intellectual property laws) of any country outside Australia.  If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.


  1. Definitions
      1. Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
      2. Consequential Loss means special, incidental, indirect or consequential damages, loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business.
      3. Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs, and includes Consequential Loss.