USER AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEBSITE ("SITE", “CYBEREMPORIUM.COM.AU”). CYBER EMPORIUM PROVIDES ITS SERVICES TO YOU (THE "CUSTOMER") SUBJECT TO THE FOLLOWING USER AGREEMENT (THE "AGREEMENT"). As you access, use or browse through our site, you agree to all the Terms & Conditions contained herein, and agree that you acknowledge and understand them.
WHO WE ARE
Cyber Emporium is an Australian owned and operated business based in Perth, Western Australia. We are an online discount superstore for skincare and cosmetics and are dedicated to providing our customers with high-end products at fantastic prices.
CHANGES TO THESE TERMS OF USE
Cyber Emporium reserves the right, at any time, to modify or update the terms of this Agreement, upon notice to the Customer in writing to the last address supplied by the Customer, by email or posting on the site or by any other reasonable means of communication. Cyber Emporium also reserves the right, at any time, to modify or update its Privacy Statement by using the same procedures. Customer confirms his or her acceptance of the modifications or updates by continuing to use the Site.
GRANT OF USE
Permission is granted to use the content and software (the "Services") on the Site as a shopping and personal care resource, but for no other purpose. Any other use of Services on this Site, including, but not limited to, reproduction for purposes other than those noted above, or any modification, distribution or republication, without the prior written permission of Cyber Emporium, is strictly prohibited.
PURPOSE OF SALES
All sales of products by Cyber Emporium are limited to personal use and may not, without the express prior written approval Cyber Emporium, be made in conjunction with any resale or commercial use.
COPYRIGHT
All Site content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof are the exclusive property of Cyber Emporium, or its respective content providers, and are protected by Australian and international copyright laws. All software used on the Site is the property of Cyber Emporium or its respective software suppliers, and such software is protected by Australian and international copyright laws and other laws and treaties. All rights reserved.
TRADEMARKS
Trade marks, brand names, product names, and company names of or related to the products appearing on this website are the property of their respective owners. Cyber Emporium does not claim to own any of these trademarks nor claim that cyberemporium.com.au is related to, endorsed by, or in any other way connected or associated with these companies.
PRIVACY POLICY
Cyber Emporium protects customer information according to the Privacy & Security Statement posted on this Site. The Privacy Statement, as amended from time to time, is incorporated by reference to be a part of this Agreement.
TRANSACTION SECURITY
Every order placed on cyberemporium.com.au, and paid via credit card, is processed by PayPal, a leading online transaction company. PayPal’s industry-leading fraud prevention measures and their one-of-a-kind method of keeping your financial information ensures that all of your transactions will be processed securely.
ERRORS/OMIISIONS
Cyber Emporium is not responsible for any typographical errors or inaccuracies set forth in this website. The information, prices, and discounts set forth herein are subject to change without notice
PRODUCT AUTHENTICITY AND FRESHNESS GUARANTEE
Cyber Emporium only offers authentic products. We do not condone nor do we practice the sale or re-production of imitation products.
Freshness is always guaranteed on all our stocks. All stocks are kept in a temperature-controlled environment prior to shipping, and subject to regular quality control procedures.
REFUND POLICY
We have a 100% Money Back Guaranteee Policy to ensure complete customer satisfaction. Please read below for more details regarding our refund policy. Please note, unless damaged/broken, items MUST not be used or opened for credit or refund.
Damaged/Broken items?
A full refund or replacement will be provided including all postage costs. Please contact us within 7 days of receving your order if you have received broken or damaged items.
A returns form will be provided which you will need to print, complete and send with your returned product. Returns cannot be accepted unless you have submitted a returns form.
All relevant information including return postal address will be provided on the returns form.
Change of mind?
At Cyber Emporium, customer satisfaction is our number one priority. If you are not 100% satisfied with your purchase, we will gladly exchange any unused/unopened products in re-saleable condition within 10 business days of receiving your order minus return postage.
Wrong Color?
Cyber Emporium has made every reasonable effort to display as accurately as possible the colors of the products that appear on the Site. However, the actual colors you see will depend on a number of factors including the monitor that you use and the settings on the monitor. Cyber Emporium does not guarantee that the display of any color will be accurate.
ELECTRONIC COMMUNICATIONS
When you visit cyberemporium.com.au or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
DISCLAIMERS & LIMITATIONS OF LIABILITIES
When visiting cyberemporium.com.au, customer expressly agrees that use of cyberemporium.com.au is at user's sole risk. This site is provided by cyberemporium.com.au on an "as is" and "as available" basis. cyberemporium.com.au makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this site.
To the full extent permissible by applicable law, Cyber Emporium disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Cyber Emporium will not be liable for any damages of any kind arising from the use of this site, or from any products purchased from this site, including but not limited to direct, indirect, incidental punitive and consequential damages.
No oral advice or written information given by Cyber Emporium nor its affiliates, nor any of their officers, directors, employees, agents, providers, or the like, shall create a warranty; nor shall the user rely on any such information or advice. Cyber Emporium reserves the right to change any advertised price before accepting an order. All products are subject to availability and may be withdrawn at any time. If we are unable to fulfill your order, you will be offered an alternative or given a refund for the unavailable product.
PRODUCT INFORMATION, DESCRIPTIONS AND RRP VALUES
Cyber Emporium and its affiliates attempt to be as accurate as possible. However, Cyber Emporium does not warrant that product descriptions, images's colors, RRP or other content of this site is accurate, complete, reliable, current, or error-free.
DISCLAIMER - BEAUTY PRODUCTS
Cyber Emporium sells products from many of the finest cosmetic and fragrance producers in the world. The use and selection of cosmetics and fragrance products and other health and beauty products ("Beauty Products") requires care to be certain that any directions and warnings from the manufacturer are observed and followed and that Customer is aware of the possibility that some people may have allergic or other reactions to such products.
Cyber Emporium will endeavor to provide to Customers all required product labeling information; however, Cyber Emporium is not the manufacturer of the Beauty Products, therefore it is not responsible for any reaction or any failure of a product to satisfy any special use requirements or otherwise meet the needs or expectations of the Customer. Customers are advised to read and strictly follow the label, all packaging inserts and instructions and all manufacturer directions and warnings.
GENERAL DISCLAIMER - ALL PRODUCTS
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED OR OFFERED IN THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Cyber Emporium DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, CYBER EMPORIUM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ANY ADVICE OR ANY PARTICULAR PRODUCT WILL ACHIEVE ANY RESULT OF ANY KIND. PRICE AND AVAILABILITY INFORMATION CONTAINED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CYBER EMPORIUM SHALL NOT BE BOUND BY ANY ERRORS OR OMISSIONS IN POSTING PRODUCT INFORMATION OR PRICES WITH RESPECT TO ANY PRODUCTS OR SERVICES OFFERED ON THIS SITE.
ALL MATERIALS AND INFORMATION PRESENTED BY CYBER EMPORIUM ARE INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY. THE PRODUCTS PROMOTED ON THIS SITE ARE COSMETIC AND ARE NOT INTENDED FOR USE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE, AND ARE NOT INTENDED TO AFFECT THE STRUCTURE OF OR ANY FUNCTION OF THE HUMAN BODY. THE RESULTS REPORTED IF ANY, MAY NOT NECESSARILY OCCUR IN ALL INDIVIDUALS. PLEASE CONSULT WITH YOUR OWN PHYSICIAN OR HEALTH CARE PRACTITIONER REGARDING ANY SUGGESTIONS AND RECOMMENDATIONS MADE AT CYBER EMPORIUM.
In providing product information to its customers, Cyber Emporium relies in part on product descriptions furnished by manufacturers, wholesalers, and other third parties.
ORDER ACCEPTANCE AND TERMS OF SHIPPING
The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on this Site, or published in any catalog or other advertisement. Cyber Emporium reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any Customer. Verification of order and customer information may be required prior to the acceptance of any order. Prior to acceptance, Cyber Emporium is not obligated to fulfill any order and may notify the Customer of a back-order and the estimated time for shipment (in which case the order shall be deemed to remain open unless Customer cancels prior to the actual shipment date). In the event of an authorized return of any goods sold from the Site, Cyber Emporium is not obligated to include a refund of any shipping and handling charges or gift wrap charges except when the return is for defective product and Cyber Emporium shall have the option to refund any amount owing to Customer by either crediting the charge card used for payment or mailing a check to the Customer at the address shown on the related Order.
ONLINE CONDUCT
Customer agrees to use the Site only for lawful purposes and in accordance with that prohibition. Customer agrees that he or she will not post on the Site or transmit through Cyber Emporium any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.
USER COMMENTS, FEEDBACK OR ANY OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to Cyber Emporium on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Cyber Emporium's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Cyber Emporium of all worldwide right, title and interest in all copyrights and other intellectual property rights in and to the Comments. Thus, Cyber Emporium will own exclusively all such right, title and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Cyber Emporium is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any person any compensation for any Comments; or (3) to respond to any customer Comments.
TERMINATION OF USAGE
Cyber Emporium may, without incurring any liability to the Customer, terminate access by such Customer, or suspend any Customer's access to all or part of Cyber Emporium, without notice, for any conduct that Cyber Emporium, in its sole discretion, believes is in violation of any applicable law or this Agreement, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or Cyber Emporium.
EXTERNAL SITES AND LINKING
The Site may contain links to other sites on the Internet that are owned or operated by third party vendors and other third parties (the "Outside Sites"). Cyber Emporium is not responsible for the availability of, or the content located on or through, any Outside Site. You should contact the site administrator or Webmaster for those Outside Sites if you have any concerns regarding such links or the content located on such Outside Sites.
Cyber Emporium permits certain third party links to the home page of its site, provided that Cyber Emporium is provided with notice of such links and does not thereafter object to such linking. No links or "deep links" are permitted to any page other than the Cyber Emporium home page without the prior written consent of Cyber Emporium and Cyber Emporium reserves the right to revoke unilaterally any consent that it may at any time give to any linkage, including linkages to the home page.
GOVERNING LAWS
cyberemporium.com.au is created for, and controlled by Cyber Emporium in Western Australia. As such, the laws of the state of Western Australia & Australia will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Cyber Emporium reserves the right to make changes to its site and these disclaimers, terms and conditions at any time.
THE CUSTOMER, BY ACCEPTING THIS AGREEMENT, CONSENTS AND AGREES TO EXCLUSIVE JURISDICTION IN THE STATE OF WESTERN AUSTRALIA, AUSTRALIA PROVIDED THAT A PARTY MAY SEEK ENFORCEMENT OF A JUDGMENT OF SUCH COURTS IN ANY COURT OF COMPETENT JURISDICTION. BOTH CYBER EMPORIUM AND CUSTOMER WAIVE ANY RIGHT THEY MIGHT OTHERWISE HAVE TO A TRIAL BY JURY IN ANY DISPUTE BETWEEN THE PARTIES.
SEVERABILITY
If any provision of this Agreement is found to be contrary to law, the remainder of that provision (if any) and the remaining provisions of this Agreement will remain in full force and effect.
WAIVER
The waiver of any breach or default of this Agreement shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party.
ENTIRE AGREEMENT
This Agreement shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between Cyber Emporium and Customer with respect to the subject matter hereof. It supercedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by Customer shall be deemed rejected by Cyber Emporium without need of further notice and shall not be part of this Agreement or in any way binding upon Cyber Emporium.
ACCEPTANCE OF THIS AGREEMENT AND OF AMENDMENTS AND MODIFICATIONS THEREOF
Use of the Site represents an acceptance by the Customer of the terms of this Agreement. Use of the Site shall be governed solely by the terms of this Agreement, as the same may be amended from time to time, and the policies published by Cyber Emporium on the Site, which shall be the entire agreement of the parties with regard to the use of this Site. Amendments or other modifications to this Agreement may, from time to time, be made by Cyber Emporium sending an email to the Customer at Customer's last known email address or by posting thereof on the Site.
If you have any questions regarding the terms of this Agreement, please contact us at the following address:
Cyber Emporium
Po Box 2844
Malaga W.A. 6944
Email Us
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