Welcome to Emphory. The terms “we”, “us”, and “our” refer to Emphory. We operate this online store and provide related content, features, tools, and services (“Services”) through Shopify. By accessing or using our Services, you agree to these Terms of Service (“Terms”) and our Privacy Policy.

Please read these Terms carefully, as they outline your rights and responsibilities when using the Services.

1. Access and Account

By using the Services, you confirm that you are at least the age of majority in your jurisdiction. You agree to provide accurate, current, and complete information when interacting with our store, including at checkout.

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

2. Our Products

We aim to display our products as accurately as possible. However, colours and appearance may vary based on your device and screen settings.

We do not guarantee that a product will precisely match your expectations.
Product descriptions, availability, and pricing may change at any time without notice. We may limit quantities at our discretion.

3. Orders

Submitting an order constitutes an offer to purchase. We may accept or decline your order at our discretion.

Your order is accepted only once payment is processed and we issue an order confirmation.

If we cannot accept or must cancel an order, we will notify you using the contact details provided at checkout.

All purchases are subject to our Refund Policy.

You confirm that items purchased are for personal use and not for resale.

4. Prices and Billing

Prices may change without notice.

Unless stated otherwise, posted prices exclude taxes, duties, customs charges, and shipping fees.

You agree to provide accurate billing and payment information and authorise us to charge the payment method provided.

5. Shipping and Delivery

Estimated delivery times are provided for convenience only and are not guaranteed.
We are not responsible for delays caused by carriers, customs, or events outside our control.

Risk of loss transfers to you once the parcel is handed to the carrier.

6. Intellectual Property

All designs, imagery, text, graphics, and content within the Services are the property of Emphory or its licensors and are protected by applicable intellectual property laws.

You may use the Services for personal, non-commercial purposes only.
You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

All trademarks and brand elements belonging to Emphory or Shopify may not be used without permission.

7. Optional Tools

We may provide access to third-party tools without oversight or control.

Use of such tools is at your own risk.

Future new features or tools will also fall under these Terms.

8. Third-Party Links

Third-party links on the Services are provided for convenience only.

We are not responsible for the content, accuracy, or policies of any third-party sites.

You should review their terms before engaging in any transaction.

9. Relationship with Shopify

The Services are powered by Shopify. Purchases, however, are made directly with Emphory.

Shopify is not responsible for any aspect of your transactions with us.

You release Shopify from claims arising from your purchases with Emphory.

10. Privacy

Personal information collected through the Services is governed by our Privacy Policy.
Because the Services are hosted by Shopify, certain data may be collected and processed by Shopify under its own privacy policies.

11. Feedback

If you submit feedback, suggestions, images, or reviews (“Feedback”), you grant us a perpetual, worldwide, royalty-free license to use such Feedback for the operation and improvement of the Services.

You agree that your Feedback does not violate any third-party rights.

12. Errors and Inaccuracies

Occasionally there may be typographical errors or omissions relating to product descriptions, pricing, promotions, or availability.

We may correct any errors without prior notice, including after an order has been placed.

13. Prohibited Uses

You may not use the Services for unlawful, fraudulent, harmful, or disruptive purposes.
We may suspend or terminate access if prohibited uses occur.

14. Termination

We may terminate access to the Services at any time.

Sections relating to intellectual property, liability, feedback, indemnification, and governing law will survive termination.

15. Disclaimer of Warranties

The Services and all products are provided “as is” and “as available,” without warranties of any kind except those required by New Zealand law, including your rights under the Consumer Guarantees Act.

16. Limitation of Liability

To the fullest extent permitted by New Zealand law, Emphory is not liable for indirect, incidental, or consequential losses arising from use of the Services or products.

Your rights under the Consumer Guarantees Act remain unaffected.

17. Indemnification

You agree to indemnify Emphory and Shopify against claims arising from your breach of these Terms or violation of any law or third-party rights.

18. Severability

If any provision is deemed unlawful or unenforceable, the remainder of the Terms will continue in effect.

19. Entire Agreement

These Terms, together with our posted policies, constitute the entire agreement between you and Emphory regarding use of the Services.

20. Assignment

You may not assign your rights or obligations under these Terms without our consent.
We may assign ours without notice.

21. Governing Law

These Terms are governed by the laws of New Zealand.

Any disputes will be handled under New Zealand jurisdiction.

22. Changes to Terms

We may update these Terms from time to time.

Continued use of the Services constitutes acceptance of the revised Terms.

23. Contact Information

Questions regarding these Terms may be sent to: support@emphory.co.nz