Terms of service

OVERVIEW

Welcome to Emeline New York! The terms "we," "us" and "our" refer to Emeline New York. Emeline New York operates this store and website, including all related information, content, features, tools, products and services, in order to offer you, the customer, a carefully curated shopping experience (the "Services"). Emeline New York is Powered by Shopify, which enables us to provide the Services to you.

The terms and conditions set out below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover matters such as disclaimers of warranties and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you have reached the age of majority in your state or region of residence and that you have given us your consent to allow any minor dependents to use the Services on devices you own, purchase or otherwise control.

To use the Services, including accessing or browsing our online store or purchasing any product or service we offer, you may be required to provide certain information, such as your email address and billing, payment and shipping details. You represent and warrant that all information you provide to our store is correct, current and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign or license your account to any third party.

SECTION 2 – OUR PRODUCTS

We have made every effort to display as accurately as possible the products and services offered in our online store. However, please note that the colors or appearance of products may differ from how they appear on screen, depending on the device used to access the store and its settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased will meet your expectations or match what is represented or displayed in our online store.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any product offered to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Emeline New York reserves the right to accept or refuse any order for any reason, at its sole discretion. Your order is not accepted until Emeline New York confirms its acceptance. Payment must be received and processed before an order is accepted. Please review your order carefully before submitting it, as Emeline New York may not be able to accommodate cancellation requests once an order has been accepted. If your order is not accepted, is modified or is cancelled, we will attempt to notify you using the email address, billing address and/or phone number provided at the time the order was placed.

Purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is submitted and will be indicated in the order confirmation email. Unless otherwise expressly stated, published prices do not include taxes, shipping fees, handling fees, customs duties or import costs.

Prices published in our online store may differ from prices offered in physical stores, other online stores or stores operated by third parties. We may, from time to time, offer promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorized to use that credit card for the purchase, (iii) charges incurred will be honored by your credit card issuer, and (iv) you will pay the charges incurred at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs procedures or events beyond our control. Once products are transferred to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including without limitation all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, as well as their design, selection and arrangement, are owned by Emeline New York, its affiliates or its licensors, and are protected by United States and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent. Except as expressly provided in these Terms, nothing herein grants or should be construed as granting a license or any other rights in or to any patents, trademarks, copyrights or other intellectual property rights of Emeline New York, Shopify or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Emeline New York.

The names, logos, product and service names, designs and slogans of Emeline New York are trademarks of Emeline New York or its affiliates or licensors. You may not use such trademarks without the prior written consent of Emeline New York. The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be given access to tools provided by third parties as part of the Services, which we neither monitor nor have any control or input over.

You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations or conditions of any kind, and without any endorsement. We will have no liability whatsoever arising from or related to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will also be considered part of the Services and subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and links to websites provided or operated by third parties (including any integrated third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.

We are not liable for any harm or damages related to accessing third-party websites, or to the purchase or use of products, services, resources or content available on third-party websites. Carefully review third-party policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Emeline New York is supported by Shopify, which enables us to provide the Services to you. However, all sales and purchases made through our store are made directly with Emeline New York. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Emeline New York, including any damages, injuries or losses arising from products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages and liability arising from or related to your purchases and transactions with Emeline New York.

SECTION 10 – PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal data may also be subject to the provisions of Shopify's Privacy Policy, available here. By using the Services, you acknowledge that you have read this privacy policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties that may be located in a country other than your own, in order to provide you with the Services. Please refer to our privacy policy [LINK] for further details on how we, Shopify and our partners use your personal data.

SECTION 11 – FEEDBACK

If you forward, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial use. We may, for example, exercise the rights arising from such license to operate, provide, evaluate, improve, refine and promote the Services and to fulfil our obligations and exercise our rights under these Terms of Service.

You further represent and warrant that: (i) you own or otherwise control all rights to your Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting the Feedback; and (iii) your Feedback will comply with these Terms. We are not and will not be obligated to (1) keep your Feedback confidential; (2) pay you for your Feedback; or (3) respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain libelous, defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Services or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or harmful purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to upload, knowingly receive, download, use or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letters, spam or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Emeline New York, Shopify or users of the Services, or expose them to liability.

Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext or otherwise misrepresent yourself in connection with the Services; (e) use robots, spiders, scraping tools, data collection and extraction tools, automated or manual processes, or Artificial Intelligence tools (such as agentic AI) to access the Services; or (f) interfere with, circumvent or evade the security features, authorization functionality, robot exclusion headers or other measures we have taken to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that any part of these Terms has been violated.

SECTION 14 – AGENTS

14.1 This section (Agent Terms) applies if you use, allow, enable or arrange for the deployment of an Agent to access, use or interact with the Services. An "Agent" means any software or service that carries out autonomous or semi-autonomous actions on behalf of or under the instruction of any person or entity, and which may run on behalf of, or by way of, a person's device, without direct supervision.

14.2 No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements set out in Section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any service.

14.3 We may set limits, including through technical measures, on the manner and conditions under which an Agent may access, use and interact with the Services.

14.4 Agents must: (i) identify, in all HTTP/HTTPS requests, that the request originates from an Agent, and disclose the name of the Agent by including the following in the request's user-agent string: "Agent/[agent name]"; (ii) not conceal or obscure the fact that any access, use or interaction originates from an Agent, including by (a) mimicking human behavior and interaction patterns, or (b) completing or bypassing CAPTCHAs or other measures designed to distinguish computer use from human use; (iii) respond truthfully to any question or prompt intended to determine whether interactions originate from a human or a computer; (iv) not bypass or otherwise evade any measure designed to block, limit, modify or control whether and how Agents access, use or interact with the Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.

Even in the event of termination, the following sections will continue to apply: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

UNLESS OTHERWISE EXPRESSLY STATED BY EMELINE NEW YORK, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EMELINE NEW YORK, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Emeline New York, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable legal fees, made by any third party arising out of or relating to (1) your breach of these Terms of Service or the documents incorporated by reference herein, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that any delay in doing so will not relieve you of your obligations hereunder unless you are materially prejudiced as a result. We may control the defense and settlement of any such claim at your expense, including choice of legal counsel, but we will not settle any claim that imposes non-monetary obligations without your consent, which will not be unreasonably withheld. You will cooperate as reasonably required in the defense of any indemnified claims, including by providing relevant documentation.

SECTION 19 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service; such determination will not affect the validity and enforceability of any other remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 – ASSIGNMENT

You may not assign, transfer or delegate this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreement whereby we provide you with the Services shall be governed by and construed in accordance with the federal, state or territorial laws of the jurisdiction in which Emeline New York is based. You and Emeline New York consent to the exclusive jurisdiction and venue of the courts located in that jurisdiction.

SECTION 23 – HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 24 – CHANGES TO THESE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions regarding the Terms of Service should be sent to support@emelinenewyork.com.

Our contact information is as follows:

Emeline New York
support@emelinenewyork.com