Terms of service
Terms of service
These Terms of Service govern access to and use of embraline.com and purchases made from Embraline.
Embraline is operated by Emeseven Marketing LLC, 30 N GOULD ST STE R, SHERIDAN, WY 82801, United States. Questions concerning these Terms may be sent to support@embraline.com.
By using the website or placing an order, the customer agrees to these Terms, subject to rights that cannot legally be excluded or waived.
1. Seller
Products offered through embraline.com are sold by:
Emeseven Marketing LLC
Operating under the brand Embraline
30 N GOULD ST STE R
SHERIDAN, WY 82801
United States
support@embraline.com
Third party suppliers, fulfillment providers, carriers and technology providers used to perform an order are not the seller merely because they assist Emeseven Marketing LLC with fulfillment or delivery.
2. Eligibility
Customers must have the legal capacity required to enter into a binding purchase contract in their jurisdiction.
A customer placing an order on behalf of another person or organization represents that they are authorized to do so.
3. Product information
We make reasonable efforts to display product descriptions, images, measurements, colors and other information accurately.
Actual colors may vary depending on screen settings and manufacturing variations.
Measurements may be subject to reasonable manufacturing tolerances where stated or normally expected for the type of product.
Nothing in this section limits mandatory rights relating to products that are materially different from their description or otherwise fail to satisfy applicable consumer laws.
4. Prices and currencies
Depending on the customer's market, prices may be displayed and transactions may be offered in:
USD
AUD
CAD
GBP
The amount shown during checkout before an order is submitted is the price applicable to that transaction, subject to correction of an obvious error where permitted by law.
Applicable taxes may be calculated or collected at checkout when required.
A bank or card provider may apply currency conversion rates or fees independently of Embraline.
5. Orders
Submitting an order constitutes an offer to purchase the products identified in the order.
We may decline or cancel an order before fulfillment where reasonably necessary, including for suspected fraud, payment failure, inventory errors, pricing errors or legal restrictions.
If we cancel an order after payment has been collected and no product is supplied, the amount collected for the cancelled portion will be refunded.
6. Payment
Payments are processed through third party payment providers made available through the Shopify checkout environment.
Customers agree to provide current, complete and accurate billing and payment information.
The card statement descriptor associated with purchases may appear as:
Embraline
7. Fulfillment from China
Products purchased from Embraline are shipped directly from China by a third party supplier or logistics provider.
By placing an order, the customer understands that the product may be dispatched from China rather than from the United States, United Kingdom, Canada or Australia.
Different products within the same order may be shipped separately and may arrive on different dates.
Emeseven Marketing LLC remains responsible for its obligations as the seller notwithstanding the use of third party fulfillment.
8. Processing and delivery
Orders are normally processed within 1 to 3 business days.
After shipment, the stated delivery period is 5 to 18 business days.
Further details are contained in the Shipping Policy published on embraline.com.
9. Customs, duties and import charges
Where customs duties, import taxes, brokerage charges or similar government imposed charges are legally payable by the recipient and have not already been collected by Embraline at checkout, those amounts are the responsibility of the customer.
Nothing in these Terms transfers to the customer a tax or charge that applicable law requires Embraline to collect, remit or bear.
10. Refunds and cancellations
Refund requests are governed by the Return and Refund Policy published on embraline.com.
Embraline's standard voluntary refund period is 30 days from delivery.
No physical product return is required under Embraline's standard refund procedure.
Mandatory cancellation, refund, repair, replacement or other consumer rights that apply in a customer's jurisdiction remain unaffected.
For United Kingdom consumers, statutory online cancellation rights and rights concerning faulty or nonconforming goods apply where relevant.
For Australian consumers, rights under Australian Consumer Law, including applicable consumer guarantees, are not excluded by these Terms. Australian authorities confirm that overseas businesses directly offering products to Australian consumers must comply with applicable Australian consumer guarantees. ACCC
11. Acceptable use
Customers must not use the website:
- For unlawful or fraudulent purposes.
- To interfere with website security or operation.
- To transmit malicious software.
- To attempt unauthorized access to systems or accounts.
- To collect information about other users unlawfully.
- To infringe intellectual property or other legal rights.
12. Intellectual property
Unless otherwise stated, website content owned by Emeseven Marketing LLC, including original text, branding, graphics and other protectable materials, may not be reproduced, distributed or commercially exploited without authorization.
Third party trademarks, software and materials remain the property of their respective owners.
13. Third party services
The website may depend on third party services, including Shopify, payment providers, shipping providers, analytics services, advertising platforms and other technology providers.
Those providers may have separate terms and privacy practices governing services they independently provide.
Emeseven Marketing LLC is not responsible for a third party's independent conduct except to the extent applicable law imposes responsibility on Emeseven Marketing LLC.
14. Reviews and customer submissions
If customers submit reviews, photographs, feedback or other content for publication, they represent that they have the right to submit that material and that it does not violate another person's legal rights.
Submission of customer service evidence for a refund claim does not by itself grant Embraline permission to publish that material for advertising purposes.
15. Availability
We do not guarantee uninterrupted availability of the website.
The website may be temporarily unavailable due to maintenance, technical problems, third party outages, security measures or circumstances outside reasonable control.
16. Disclaimer
To the maximum extent permitted by applicable law, the website is provided without warranties beyond those expressly stated or imposed by law.
Nothing in these Terms excludes statutory guarantees, implied terms or consumer rights that cannot legally be excluded.
17. Limitation of liability
To the maximum extent permitted by law, Emeseven Marketing LLC will not be liable for indirect, incidental or consequential losses that were not reasonably foreseeable as a result of a breach.
No limitation in these Terms applies where liability cannot lawfully be excluded or limited, including liability arising from fraud, fraudulent misrepresentation or other liability that applicable law prohibits us from limiting.
Consumer rights under mandatory United Kingdom, Australian, Canadian, United States state or other applicable law remain unaffected.
18. Indemnification
To the extent permitted by law, a user agrees to be responsible for losses reasonably resulting from their unlawful misuse of the website or infringement of another person's rights.
This provision does not apply to ordinary consumer use and does not require a consumer to indemnify Emeseven Marketing LLC for Emeseven Marketing LLC's own breach of law or contract.
19. Severability
If a provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be interpreted or severed to the minimum extent necessary, and the remaining provisions will continue to apply.
20. No waiver
Failure to enforce a provision on one occasion does not waive the right to enforce it later.
21. Governing law and jurisdiction
These Terms and transactions with Emeseven Marketing LLC are governed by the laws of the State of Wyoming, United States, without regard to conflict of law principles, to the extent that such choice of law is legally permitted.
The parties submit to courts having jurisdiction in Wyoming, United States, except where applicable consumer law gives the customer a mandatory right to bring or defend proceedings in another jurisdiction or makes another law or forum applicable.
Nothing in this section deprives a consumer in the United Kingdom, Australia, Canada or the United States of mandatory protections that cannot lawfully be waived by contract.
22. Changes to these Terms
We may update these Terms from time to time.
Changes will apply prospectively from publication unless applicable law requires otherwise.
Terms applicable to an already completed transaction will not be retroactively changed where doing so would unlawfully reduce the customer's rights.
23. Contact
Brand: Embraline
Website: embraline.com
Legal entity: Emeseven Marketing LLC
Registered address: 30 N GOULD ST STE R, SHERIDAN, WY 82801, United States
Support email: support@embraline.com