This agreement is a contract between the customer ("you") and Empire Skate and Street (2005) Limited, trading as Empire Skate. Registered office c/-MTM, 100 Tory Street, Wellington 6011, New Zealand.
The terms and conditions under which you may purchase products from www.empireskate.com.au are set out below. Please read the following terms and conditions carefully before placing your order with us.
By completing the customer application process and using www.empireskate.com.au, you acknowledge that you have read and understood these terms and conditions, and agree to be bound by the terms and conditions of this agreement.
1) The agreement
The entire agreement between you and Empire Skate for the purchase of goods by you from Empire Skate is:
(a) these conditions; and (b) the terms of the order. The agreement exists between you and Empire Skate. Once Empire Skate receives and accepts an order. no obligation to sell or supply the goods will arise until the order is received and accepted. Each order may be accepted by Empire Skate at its absolute discretion. Each order is a separate agreement.
2) Purchase orders and delivery of goods
You will place an order with Empire Skate by selecting goods, entering your personal and payment details and pressing the "submit" button. Anyone at the delivery address who receives the goods shall be presumed by Empire Skate to be authorised to receive the goods on your behalf. If there is no-one at the delivery address at time of delivery you will need to make alternate arrangements regarding a suitable time with the carrier. You may be required to pay an additional fee. Deliveries will occur between 8am - 5pm Monday to Friday. Exact times cannot be given, and may change at the carrier's discretion. Delivery charges cover packaging, delivery and insurance.
3) Risk and title
Risk and title in the goods passes to you upon delivery of the goods to the delivery address. If you are not satisfied with the goods you have purchased, you may contact Empire Skate at email@example.com or +64 4 576 9442 to arrange an exchange or refund within 30 days of the sale. Merchandise in saleable condition with all original tags attached may be exchanged or refunded when accompanied by the original order receipt. After 30 days sales are final. Sale items cannot be exchanged or refunded, and shipping costs cannot be refunded. Returns must be by registered post. Empire Skate will not be responsible for return shipping costs nor duty reimbursement in the case of international purchases (other than faulty items). You will be responsible for any shipping costs we may incur in sending a replacement item to you. If you are outside of New Zealand you will need to pay for duties and taxes on the replacement item (other than faulty items). Please refer to the orders and returns policy on our website for more information about our returns policy.
4) Price of goods and payment
Prices shown are in New Zealand dollars (NZD$) as a default. Prices can also be viewed in AUD, USD, GBP and EUR. All payments are processed in New Zealand dollars. You agree to pay the delivery and handling charges, unless otherwise specified on www.empireskate.co.nz at the time of the purchase. You are liable for all import duties, customs and local sales taxes levied by the country and/or state you are shipping to. Payment of these is necessary to release your order from customs on arrival. You shall pay for the goods at the time you order. PayPal, Debit card, Mastercard and Visa are accepted by Empire Skate. The name which will appear on your statement for your purchase is www.empireskate.co.nz.
5) Packaging and labelling of goods
All goods sent out by Empire Skate will be sent out in the most suitable packaging for the item/items purchased to ensure protection of the item.
You are licensed to use the Empire Skate website on your computer for your use in purchasing goods from Empire Skate. You acknowledge that you are not permitted to make any other use of the Empire Skate website.
To the extent permitted by law, you agree that any liability of Empire Skate arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to you through use of Empire Skate will be limited to: (a) if the condition relates to goods, the replacement of the goods or the supply of equivalent goods, or (b) if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again. You agree that the entire risk arising out of installation, downloading, use or performance of Empire Skate remains with you. To the extent permitted by law, you release and discharge Empire Skate and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this agreement) arising out of or in connection with Empire Skate or this agreement, including, without limitation, loss or damage caused by the negligence of Empire Skate.
8) Bot Interference &/OR Reseller attempts to purchase:
Any detection of a “Bot” used to purchase Limited Releases on our website may incur a 15% inconvenience fee as our time is wasted managing and relisting “Bot” Purchases for legitimate buyers.
Empire Skate reserves the right to refuse sale to known or suspected resellers and unauthorized international purchasers using proxy forwarding shipping addresses – Warning: These will incur a 15% - 30% inconvenience fee of the total purchase, dependant on how much time is spent identifying & tracking down fraudulent transactions.
If you sign up for a password protected account with Empire Skate, you agree to take responsibility for the safekeeping of your password. You are liable if an unauthorised person uses your password. You agree to release and indemnify Empire Skate in relation to any liability arising out of the unauthorised use of your password.
10) Notification of changes
Empire Skate may add to, delete, or otherwise change any of the terms of this agreement. Your use of www.empireskate.com.au will constitute your deemed acceptance of such changes.
11) International Order Payment and acceptance
We reserve the right to cancel any international orders not made with Paypal adress verified account.