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TERMS OF USE

General

EMMELLEDESIGN.COM ("Emmelle") website(s) (our "Site" or "Sites") and related services are made available to you pursuant to the following Terms of Use and any other rules posted on our sites (collectively, the "TOS"). By visiting EMMELLEDESIGN.COM you are accepting and consenting to the practices described in the TOS.

The TOS is subject to change without notice, and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS. For this reason, we encourage you to review these Terms of Use whenever you use this Site. If you disagree with any part of these terms and conditions, please do not use our Site.

No Commercial Use

This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

Your Activity

You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

Indemnification

You agree fully to defend, indemnify and hold harmless Emmelle immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

Pricing Policy

While merchandise offered online at emmelledesign.com will usually be priced the same as merchandise offered at our Emmelle stores, in some cases, the Emmelle stores may have different prices or promotional events at different times.

Correction of Errors and Inaccuracies

The information of the emmelledesign.com web site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your emmelledesign.com purchase you may return it with the original packing receipt. Please see our Return Policy.

Typographical Errors

In the event a emmelledesign.com product is listed at an incorrect price due to typographical error or systems error, we have the right to refuse or cancel any orders placed for product listed at the incorrect price. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the incorrect price.

Termination

Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating the Site, or (3) any content available through the Site or any change therein, is to stop visiting and using the Site. We may terminate your use of the Site, including without limitation, your membership in the Site, at any time, in our sole discretion.

Enforcement

By accessing and using the emmelledesign.com website, you agree that your access to and use of the Site is subject to these Terms and Conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of New York, United States of America.

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