TERMS OF PURCHASE

THIS AGREEMENT WAS LAST UPDATED ON SEPTEMBER 21, 2012

Thank you for your interest in ATBK, INC., a California corporation (“Emmo Home”)! Please carefully read the following terms and conditions as they affect your legal rights and obligations.

Acceptance of Terms

By submitting your purchase order with Emmo Home through emmohome.com (the “Emmo Home Website” or “Website”), you agree to be bound by these Terms of Purchase (this “Agreement”). If you do not agree to be bound by the terms of this Agreement, do not submit your purchase order. If you do not submit your purchase order, you will not be able to proceed with the purchase process for the respective products and you will not become a customer of Emmo Home until you agree to this Agreement and submit your purchase order. By submitting your purchase order, you agree to be bound without modification or qualification by the following terms and conditions of this Agreement. By accepting the terms of this Agreement you agree to pay for any products ordered from Emmo Home as set forth in this Agreement. In addition, by accepting the terms of this Agreement, you and Emmo Home shall be subject to any posted guidelines, policies, procedures, or rules applicable to such products, which may be posted from time to time in Emmo Home’s sole and absolute discretion.

Product Information

The prices displayed on this Website are quoted in U.S. Dollars and are valid and effective only in the United States. We have attempted to accurately price all products listed for sale on the Website. If, however, for any reason the price displayed on the Website is inaccurate, Emmo Home reserves the right to cancel any order without limitation or liability. We have done our best to display as accurately as possible the colors of the products shown on this Website. Nevertheless, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. Any materials appearing on the Emmo Home Website could include technical, typographical, or photographic errors. Emmo Home does not warrant that any of the materials on the Website are accurate in any way.

Fees

By accepting this Agreement, you agree to pay the full purchase price and other charges incurred in connection with your purchase of the products ordered from Emmo Home (including applicable taxes) at the rate in effect when the charges were incurred. Emmo Home will bill your charges directly to your credit card or PayPal™ account. Except as stated in this Agreement or otherwise provided in writing, all charges are nonrefundable. Emmo Home reserves the right to withhold delivery of any and all products and services until it receives payment of the full purchase price.

Additional Charges

In the event you make changes or additions to any order that results in additional fees, we will automatically charge your account, credit card, or PayPal™ account such additional fees. We will notify you if you do not have sufficient availability on your account, credit card, or PayPal™ account for such additional fees, and you agree to promptly provide alternative payment arrangements satisfactory to Emmo Home.

Order Cancellations Policy

Purchase orders must be cancelled on the same day as the purchase order was made. For the purposes of this Agreement, any cancellation made after 12:00 a.m. PST of the following day will be deemed late and cancellation will not be permitted. To cancel your order, you must do so in writing to orders@emmohome.com.

Return and Refund Policies

You have 45 days from date of delivery to return your item for store credit. If you return the items within 15 days of delivery, you will receive a full refund.

To return an item:

  • Email us at returns@emmohome.com specifying that you would like to return the item and stating the reason for return.
  • If your item is eligible for return, we will reply with specific return instructions to your email address on file.
  • To help expedite return processing, please include a copy of the original order packing slip and ship to our address located on the Contact Us page.
  • You may also call us toll-free at: 888.375.5373 to speak with a representative who can help process your refund.


Returned items will be inspected before a refund or exchange is issued. All returns must be in the original and unused condition with the original packaging. If the product packaging is found to be damaged, then there may be a restocking fee. If the postmark date is not within the specified days to return, then we will not accept the return.

It is your responsibility to cover all shipping costs related to the return. If the item has a defect, we will gladly exchange it for a replacement and will send you a prepaid shipping label to send us the defective product.

We are not responsible for any loss or damage that may occur during shipping. It is advisable to have the return items packed in a protective manner and to have it insured for the full amount.

Special order items and products by Kartell are not eligible for return unless deemed defective or damaged during transit. If items are damaged or defective, please retain all packing materials including original product packaging, and in the return request please describe in detail the damage or defect. We must be notified of the damage or defect within 24 hours of delivery for the items to be eligible for return.

Any store credit given as a result of a return will expire 12 months from the issued date.

Waiver of Liability

UNDER NO CIRCUMSTANCES SHALL EMMO HOME OR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) DEFECTS, ERRORS, MISTAKES, OR INACCURACIES OF ANY PRODUCT, (II) PERSONAL INJURY OF ANY NATURE WHATSOEVER RESULTING FROM YOUR USE OF EMMO HOME’S PRODUCTS, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN CONNECTED WITH THIS TRANSACTION, AND (IV) OTHERWISE ARISING IN CONNECTION WITH THIS AGREEMENT, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NEVERTHELESS, THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL EMMO HOME BE LIABLE FOR MORE THAN THE PURCHASE PRICE OF THE PRODUCTS PURCHASED.

Warranty Disclaimer

THESE PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Changes to Purchase Agreement

Emmo Home may change the terms of this Agreement at any time by notifying you of the change(s) in writing or electronically. You acknowledge and agree that by using the Website or products after changes are made to this Agreement, you will be bound by such changes.

Privacy and Your Account

Registration data, credit card or PayPal™ account information, and other personal information about you are subject to our Privacy Policy. Your information may be stored and processed in the United States as more fully described in our Privacy Policy. You shall be fully responsible for maintaining confidentiality of account access information and for all charges made to your account. You further acknowledge that you have read and understand Emmo Home’s Privacy Policy. You agree that Emmo Home may, from time to time and in accordance with the Privacy Policy, use the results of your purchase for marketing purposes.

Strict Performance and Waiver

The failure of Emmo Home to insist on strict performance of any of the provisions herein, or to exercise any option or right conferred in this Agreement, shall not be construed to be a waiver or relinquishment of any such options or right of any other covenants or agreements, but the same shall remain in full force and effect.

Entire Agreement, Assignment, and Severability

This Agreement represents the final and entire agreement between you and Emmo Home regarding the subject matter hereof and it supersedes all previous or contemporaneous oral or written agreements between you and Emmo Home. Emmo Home makes no representations, express or implied, not set forth in this Agreement. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, all other provisions of this Agreement shall remain in full force and effect.

Governing Laws

This Agreement shall be governed by the laws of the United States of America and the State of California without regard to its conflicts of laws principles. Any legal action or proceeding related to this Website and any products purchased from Emmo Home shall be brought exclusively in a federal or state court of competent jurisdiction in Orange County, California. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Ability to Accept Agreement

You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

If you have any questions regarding this Agreement, please contact us at info@emmohome.com.

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