These Terms & Conditions explain how you can use our websites and applications. Please read these terms of sale carefully. You will be asked to expressly agree to these terms of sale before you place an order for products from our website. Please note, you must also refer to the ‘sellers’ terms and conditions on their emporella page before placing an order.
- AGREEMENT TO TERMS
- COMMUNITY POLICY
- INTELLECTUAL PROPERTY RIGHTS
- PROHIBITED ACTIVITIES
- SELLER PROTECTION POLICY
- USER GENERATED CONTRIBUTIONS
- CONTRIBUTION LICENSE
- SITE MANAGEMENT
- TERM & TERMINATION
- MODIFICATIONS AND INTERRUPTIONS
- GOVERNING LAW
- DISPUTE RESOLUTION
- LIMITATIONS OF LIABILITY
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
1) AGREEMENT TO TERMS
Last updated 20.04.2020.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2) COMMUNITY POLICY
Members who use any of the community features must be over 18 years old.
In addition, to make sure that Emporella continues to be a place that’s safe and respectful, you agree to comply with the following policies in all community spaces:
- Respect other members’ privacy. Don't share private or personally identifying information in public areas of the site, and don't spam.
- Be honest and transparent about who you are. Don't use a fake identity.
- Be respectful towards other members. Don't use community spaces to publicly disparage a specific member, shop, or item.
- Don't use community tools or features to interfere with another member’s business.
- Don’t use community spaces to discuss coordinating pricing with other sellers.
- Don't use community spaces to harass other members. Similarly, don't post content in community spaces that may promote, support, or glorify hatred.
- Don't publish or post threats of violence against others or promote or encourage others to engage in violence or illegal activity.
- Don’t engage in illegal activity or activity that infringes someone's intellectual property, or encourage others to engage in that type of activity.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
On Emporella, you can't discriminate based upon:
- National origin
- Gender identity
- Sexual orientation
- Any other characteristic protected under applicable law
It is your responsibility as a seller or buyer to know your local laws and any other legal regulations on discrimination that might apply to you.
Examples of prohibited behaviour on Emporella include, but are not limited to:
Refusal of service based on membership in one or more protected group
Derogatory or demeaning remarks against protected groups listed above
Posts that support or glorify current or historical hate groups
If you think discrimination has occurred on Emporella, please report it by emailing [email protected] and we will investigate.
3) INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
4) PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
Accepting These Terms
This document sets out your rights and responsibilities when you use payments on Emporella’s services, so please read it carefully. By using Emporella’s Payments, you’re agreeing to the Policy.
The Policy is a legally binding contract between you and Emporella.
Emporella Payments allows sellers to accept (a) payment by authorised credit and debit card transactions and some bank transfer services (b) have those funds credited to a seller’s payment account with Emporella, and (c) have those funds deposited into a seller’s designated bank account.
Sellers may only use Emporella Payments for the sale of items listed on Emporella’s Services and agree to ship sold items once a payment transaction is complete and reflected in their payment account. Emporella reserves the right to terminate a seller’s access to Emporella Payments if the seller uses Emporella Payments in any other manner.
Buyers may authorise a payment with any major credit or debit card accepted by Emporella and by some other bank transfer services.
Rights and Responsibilities
As a security measure, we may impose transaction limits on buyers and sellers. For example, we may impose limits relating to the value of any transaction, deposit, or adjustment, or limits relating to the cumulative value of all transactions, deposits, or adjustments during a period of time. We may also impose limits related to the number of transactions per day or other period of time. We will not be liable to a seller: (a) if we do not proceed with a transaction, deposit, or adjustment that would exceed any limit established by us, or (b) if we permit a buyer to withdraw from a transaction.
Emporella may refuse service of Emporella Payments to anyone, for any reason, at any time.
In the event that a buyer does not make payment for the purchase of a legitimate item sold using Emporella Payments (e.g., where the buyer used a stolen or unauthorised credit card), Emporella may provide limited payment protection to the seller, in the interest of fairness.
Emporella maintains records associated with transactions on Emporella Payments and does not pass any secure data, including credit card numbers or bank account information to any sellers. Sellers will only receive shipping information and limited buyer account information necessary to complete the order.
Emporella will send you any relevant notices regarding your use of Emporella Payments in accordance with our Electronic Communications Policy.
Seller Rights and Responsibilities
- Payment Accounts. Emporella Payments is only available to sellers who register and are approved for a payment account. A payment account allows sellers to track payment amounts, refunds, and fees related to transactions. Sellers must provide accurate personal information as requested during registration, and are responsible for maintaining and updating that information as necessary. Sellers will not impersonate any person or use a name he or she is not legally authorised to use. Sellers authorise us, and authorised agents, to verify their information (including any updated information) by accessing public records and obtaining credit reports about the sellers in order to approve a payment account. Sellers also authorise Emporella to verify the sellers’ information from time to time while the sellers are using Emporella Payments. Emporella verifies sellers’ information in order to safeguard the integrity of the marketplace and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions.
Payment accounts are only available to individuals who are eligible to be sellers on Emporella’s services and who have a valid credit or debit card on file with Emporella to process their monthly fee unless they are exempt from this requirement.
In the event that a buyer submits a chargeback, Emporella will respond to the credit card networks on behalf of the seller involved in the transaction; the seller agrees to provide any requested information to us within five calendar days of the request. Emporella reserves the right to recoup funds associated with buyer chargebacks.
- Communications. We will inform sellers of each transaction, or of other information pertaining to Emporella Payments, using our standard communication procedures, including by email.
- Refunds. Refunds or adjustments paid by Emporella to buyers for payments made through Emporella Payments may be initiated using the refund functionality in the seller's payment account. Any such funds paid by Emporella to cover refunds will be deducted from the seller’s payment account balance. If there are insufficient funds to cover the amount of the refund, the balance will be charged to the seller’s credit card or added to the seller’s Emporella bill.
Emporella uses two payment gateways Stripe Connect & Paypal, each supplier is responsible for their own accounts, you can view how to set this up in our user guide. Please refer to the updated documents from merchant suppliers for detailed information:
Supplier fees are set with each supplier individually and is at the discretion of Emporella. Suppliers payments to Emporella are set upon application, please review our terms and conditions to make sure you have read and understood the payment gateways fees as these are paid by the supplier. Emporella has the right to cancel any suppliers plans and will put it in writing. The supplier can cancel their account at any time without notice or paying a fee.
Sellers are responsible for shipping their sold items to buyers. If you're using a shipping or fulfilment service, please keep in mind that you are ultimately responsible for making sure that your buyers receive the item(s) they purchased from your shop.
By selling on Emporella, you agree to:
- Provide an accurate "ships from" address.
- Specify your shipping costs and processing times in your listings.
- Ship items promptly after they are sold. Prompt shipping means that you ship each item within 30 days of purchase unless you specify otherwise in your processing time or agree to a different shipping period with the buyer through Conversations.
- Comply with all local and international shipping and customs regulations. We know that shipping and customs regulations can be tough to read, so check out these Help articles on international shipping
- Shipping to the wrong address is likely to result in a non-delivery case, so make sure to ship to the address listed on Emporella.
- Charge an appropriate amount for shipping.
By entering tracking information on Emporella, you're giving us permission to collect and share the tracking information received from your chosen shipping carrier with the buyer.
The cost of a shipping label will depend on the origin, destination, weight and dimensions of the package. If you add signature confirmation or insurance, those fees will be added to the total cost of the label at the point of purchase.
7) SELLER PROTECTION POLICY
Seller Eligibility Requirements
Eligible sellers are automatically enrolled in Seller Protection -- there is no application process. Here's what you need to do to make sure your shop is covered:
- Keep your shop in good standing (that means you're not violating any of Emporella's policies).
- Fill out all of your Shop Policies (it's especially important to have policies for returns, exchanges, and custom orders). This should go without saying, but your Shop Policies have to comply with Emporella's policies, as well as your local laws.
- Use accurate photographs and descriptions when you list items. Nobody likes buying one thing and receiving something else!
- Include reasonable and accurate processing times or ship-by dates (because getting a birthday gift a week late isn't great).
- Cooperate with investigations conducted by Emporella. Promptly provide any information requested by Emporella, and cancel and refund any transactions deemed invalid or unauthorised by Emporella.
Order Eligibility Requirements
Follow these steps to make sure Emporella’s Seller Protection covers your orders:
- Ship your order according to the processing time or ship-by date you listed or as agreed upon through Emporella Conversations.
- Ship the order to the address provided on Emporella. If your buyer provides an alternate shipping address through Conversations, be mindful of fraud or scams. You may choose to cancel and refund the order and ask the buyer to purchase the item again with the corrected shipping address.
- Mark the order as shipped after you send it out.
- Provide valid proof of shipping. Valid proof can include a shipping or tracking number that shows the order route and delivery progress.
- Use Emporella Payments to receive payment for the order.
Seller Protection Benefits
If your shop and the order in question satisfy the eligibility requirements, Emporella will try to help you resolve Non-Delivery cases, not as described cases, and chargebacks. We may have to request additional information from you. For Non-Delivery or Not as Described cases, we'll need you to respond to our enquiries within 7 calendar days. If a chargeback is filed against you, we'll need you to respond to any inquiries from Emporella as soon as possible, and no later than 5 calendar days. If you don't give us the necessary information in time, we may not be able to help resolve the dispute. Please keep in mind that we can't guarantee a resolution in your favour.
8) USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
9) CONTRIBUTION LICENSE
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
11) SITE MANAGEMENT
12) TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Sellers may terminate this contract and their acceptance of Emporella Payments at any time by adjusting the settings in their account with Emporella. Emporella may also terminate or suspend a seller’s use of Emporella Payments at any time.
Upon termination, any non-disputed available balance will be deposited into a seller’s bank account. Emporella reserves the right, upon the termination of access to Emporella Payments, to set off against any payments to be made to the seller, an amount determined by us to be adequate to cover any anticipated chargebacks, refunds, adjustments or other amounts that might be paid to buyers in connection with purchases from the seller's payment account for a prospective 180-day period. At the end of the 180-day period following termination, we will disburse to the seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to buyers, or seek reimbursement from the seller via any of the means authorised in this Policy for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable
13) MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
14) GOVERNING LAW
These Terms shall be governed by and defined following the laws of the United Kingdom. Emporella and yourself irrevocably consent that the courts of the United Kingdom shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
15) DISPUTE RESOLUTION
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures, and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
18) LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR SUPPLIER. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
20) USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Emporella reserves the right to be able to use our suppliers details and images once they have been published on Emporella, this is solely for marketing purposes. Emporella will communicate with suppliers if they would like to produce an article specially for that supplier, this is where Emporella will need more information from the supplier, the supplier may/may not provide more information and imagery to use within Emporella’s blog, newsletters and social media platforms.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
21) ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at: