Terms of Sale

EMME Terms and Conditions of Sale

Last updated: July 28, 2020.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ORDERING ANY PRODUCT.

These General Terms and Conditions of Sale apply to any orders from EMME that you place through our mobile application or website (the “Platform”). These terms and conditions apply regardless of how you access the Platform.

You must read these terms and conditions carefully. When placing an order through the Platform, you will be asked to confirm that you have read, understood and agree to the terms and conditions in their entirety. If you do not agree to these, you must not order any product(s) through the Platform.

Placing Orders

  • We accept the following forms of payment for domestic US orders:
  • Visa
  • MasterCard
  • Discover
  • American Express
  • JCB
  • Diner’s Club
  • Shop Pay
  • Apple Pay
  • Google Pay
  • Online prices are subject to change. EMME reserves the right to change prices at any time without prior notice. However, once you receive confirmation of your order, the price payable in respect of that order will not be changed.
  • Please note that despite careful updates, from time to time there may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
  • We shall not be liable for any loss or damage which may arise as a result of any failure by you to protect your personal information. Should you become aware of or suspect any unauthorized use of your account, please contact us.
  • If we are suspicious of any activity from your account that appears fraudulent, we can reserve the right to refuse you access to, and where necessary, delete your account.
  • All prices displayed on the Platform are quoted in U.S. Dollars and are valid and effective only in the United States. If you change delivery country at checkout, the prices may change to a different currency as of that moment. Please note that choosing a different delivery country may have an impact on the price due to the exchange rate or the prices specific for that country.

Order Acceptance

  • Completion of checkout online does not constitute our acceptance of your order from us. You will be notified by email as soon as possible with confirmation that we are processing your order. Our acceptance of your order will take place only when we take payment from you and shipment of the product(s) is confirmed.
  • We have the right, prior to shipment of the product(s) to decline an order for any reason, including legal and regulatory reasons.
  • Our contract with you will start when you receive the order confirming shipment email and remain in place until the last day of your right to return the products.
  • If we cannot supply you with the all of the products you ordered, we will not process the parts of your order unavailable. We will inform you of this by email and, if you have already paid for the product(s), refund you in full for the item(s) as soon as reasonably possible.
  • If the fulfilment of any aspect of an order would be illegal or unlawful, we have the right to stop or cease to fulfil the order at any time, including after shipment of products or notification to you that the order is being processed. In such circumstances, you acknowledge that EMME shall incur no liability.

Payment

  • During the checkout process, you will be asked to enter your payment details. All fields indicated as compulsory must be completed.
  • By completing payment details you confirm that the method being used to make payment belongs to you, or is in your name where an agreement is entered into with any credit or third party provider.
  • We do not store your payment information, however third party providers used by us may be using encrypted secure payment mechanisms that could store your data. Please see individual payment providers websites for further information on how they hold your personal information collected at payment.
  • We take full payment immediately for all products, unless you sign up to pay for your order using our third party credit provider. Card payments will be subject to authorization from your card issuer, and credit facilities subject to a credit check.
  • Products ordered remain the property of EMME until they have been collected in store, or we have delivered them to the address specified by you.
  • If you have already received the products you ordered from us, but your payment was not received, you must either pay for the items, or return them to us in the same condition that you received them, in accordance with our reasonable return instructions and at your own expense. If you fail to do this within 30 days from the date on which we notify you of cancellation of the order, we may arrange for collection of the products at your expense.
  • We reserve the right to charge you for any and all damage to any products that are the subject of an unpaid order.

Delivery and Collection Delivery

  • Timescales and charges for delivery vary depending on the products ordered, your delivery address and country, and the delivery services available.
  • Delivery will be to the address or store specified in your order. Shipments are not insured, and no signature is required, so please track your shipment with the tracking number emailed to you.
  • The risk of loss and title for items purchased from Emme passes to you upon the delivery of the products by the carrier to your door.
  • We shall be under no liability for any failure to deliver products when specified if the delay or failure is wholly or partly caused by circumstances beyond our control.

International Delivery

  • Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, we reserve the right to define what products can and cannot be delivered to which destination.
  • EMME products are sold on the basis that delivery duty is unpaid. You, as the recipient, may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and before placing an order for international delivery, you are required to check these details.
  • It will be your sole responsibility, where applicable to comply with any export controls or sanctions rules applied to products supplied to you.
  • It will be your sole responsibility, where applicable to comply with any export controls or sanctions rules applied to products supplied to you.
  • Where free delivery is offered over a spend threshold any returns that when refunded reduce the order below that threshold then the original delivery charge will be applied to the order and the refund reduced accordingly. Offer excludes gift cards. The basket value for the threshold is calculated after any promotions are applied to the order.

Delays

  • We will make every effort to keep you informed should supply of your product(s) be prevented or delayed for reasons beyond our control.
  • We shall be under no liability to you for such delay or failure of products being delivered when originally specified.

Right to Cancel

  • Online purchases made through the Platform are valid for exchange or refund within 30 days of receipt of your order. Refunds for purchased Smart Cases are summarized below:
  • Qualified refunds will include the purchase price and sales tax for qualified items minus a $9.95 shipping and handling fee.
  • Shipping cost is not refundable
  • Your Smart Case needs to be returned within thirty (30) calendar days from the date you receive your Return Authorization Number (RMA) from Customer Support
  • Your refund will be processed within fifteen (15) calendar days from the date we receive the Smart Case and confirm it is received in decent working condition.
  • Refunds can only be processed to the same credit card used during the purchase.
  • Emme will provide a return shipping label for an authorized refund.While the products are in your position, you must take reasonable care of them until you return them to us.
  • Products should be returned either with, or in their original packaging.
  • You are only liable for any diminished value of the products resulting from the unnecessary handling, in excess of what is necessary to establish, characteristics and functioning of the products. We will assess this charge when the products are returned but this charge will not be more than the original contract value

Disclaimer of Warranties; Limitations of Liability

  • EXCEPT TO THE EXTENT EXPRESSLY PROVIDED HEREIN, EMME AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EMME AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT QUALITY OF ANY PRODUCTS PURCHASED WILL MEET YOUR EXPECTATIONS.
  • YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EMME NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) OTHER INTANGIBLE LOSSES (EVEN IF EMME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM (I) THE USE OF THE PRODUCT OR (II) ANY OTHER MATTER RELATING TO THE PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EMME’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY, OR OTHERWISE) OR CAUSES OF ACTION EXCEED ONE THOUSAND DOLLARS ($1000).
  • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
  • Any claims arising in connection with any products must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions of Sale are exclusive and are limited to those expressly provided for in these Terms and Conditions of Sale.

Dispute Resolution by Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS

Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing EMME support at support@emme.com. In the unlikely event that our customer support team is unable to resolve a complaint you may have (or if EMME has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms and Conditions of Sale will take place on an individual basis; class arbitrations and class actions are not permitted.

Arbitration Agreement:

  • EMME and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
  • claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of these Terms and Conditions of Sale.

References to “EMME”, “we”, “you”, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized beneficiaries of products under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, provincial, national or local agencies, including, for example, if residing in the United States, the Federal Communications Commission or the Attorney General of your state. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms and Conditions of Sale, you and EMME are each waiving the right to a trial by jury or to participate in a class action. If residing in the United States, these Terms and Conditions of Sale evidence a transaction in interstate commerce, and thus the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms and Conditions of Sale.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to EMME should be sent to EMME, Inc., Attn: Disputes, 498 Alabama St., San Francisco, CA 94110. , with a copy by email to support@emme.com (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If EMME and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or EMME may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by EMME or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or EMME is entitled.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms and Conditions of Sale, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of these Terms and Conditions of Sale. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless EMME and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location in the United States for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. EMME will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.

The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND EMME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EMME agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Notwithstanding any provision in these Terms and Conditions of Sale to the contrary, we agree that if EMME makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of products, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. The provisions of this arbitration agreement shall only be in effect to the extent they are permitted under applicable laws. If the AAA Rules cannot be applied to an arbitration under applicable law, then the rules of the local governing arbitration body shall apply instead.

General

  • These Terms and Conditions of Sale constitute the entire agreement between you and EMME and govern your use of products, superseding any prior agreements between you and EMME with respect to products. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software.
  • These Terms and Conditions of Sale will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and EMME agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco, CA.
  • The failure of EMME to exercise or enforce any right or provision of these Terms and Conditions of Sale will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions of Sale is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions of Sale remain in full force and effect.
  • A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  • You may not assign these Terms and Conditions of Sale without the prior written consent of EMME, but EMME may assign or transfer these Terms and Conditions of Sale, in whole or in part, without restriction.
  • If we fail to enforce any of our rights, that does not result in a waiver of that right.
  • The section titles in these Terms and Conditions of Sale are for convenience only and have no legal or contractual effect.
  • Please contact us at support@emme.com to pose any questions regarding these Terms and Conditions of Sale.