Terms and Conditions
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. All users of this site agree that access to and use of this site
are subject to the following terms and conditions and other applicable law. If
you do not agree to these terms and conditions, please do not use this site.
Minimum Order:
Opening Order: $600. Reorder: $400. Any order below minimums must be prepaid
and a $40 service charge will be applied.
Prices:
All prices are subject to change without notice.
Shipping costs are not included.
Regular orders will be invoiced at the price at the time the order was written.
On hold and extended ship date orders exceeding 90 days will be billed at the
prevailing price on the ship date.
All sales are final on special orders and may not canceled, returned for credit
and must be paid for in advance.
Payment Terms:
To apply for credit, please submit bank reference and 5 trade references along
with a copy of your Resale Tax Certificate.
New Account - prepay with a check or credit card.
Net 30 - with approved credit.
Pro Forma - prepayment including shipping charges.
Credit Card - We accept American Express, Visa, MasterCard and Discover. Transaction is
made on the day of shipping.
Drop Shipment:
A $30 surcharge will be applied for each shipment/location. Fees incurred due
to inability of delivery are not included.
Routing: Unless shipping and routing instructions are written on the purchase
order, Emissary will use its best judgment. A rebate will not be issued if a
less expensive method was available. Special shipping instructions must
accompany each order.
Freight:
FOB Atlanta for all regular merchandise.
UPS, Fed Ex shipped prepaid and billed on invoice.
Common Carrier truck shipments are freight collect.
Direct import program available for special orders.
Freight Claims:
All damaged merchandise or discrepancy conditions must be reported to our
office within 5 business days after receipt of the merchandise.
Note on the freight bill before accepting merchandise any visual damage to the
cartons at the time of delivery.
Our merchandise is packed and delivered to the transportation company with the
utmost care.
In case of concealed damages retain all cartons and packing materials and
immediately report to Emissary for further handling instructions.
Product Warranty:
30 day Manufacturer Warranty for defects only.
Normal wear and tear is not warranted.
Visible damages not noted upon delivery will be
determined to be customer damage and will not be
warranted. Returned items must be in new or unused
conditions with the original packaging.
Returned items must be properly packed and in good
condition. All products are inspected upon arrival and Emissary
does not accept worn, dirty or stained merchandise.
Returns:
Authorization is required on all goods returned.
No credit will be given on unauthorized returns.
20% restocking fee applies to any merchandise returned if deemed resalable.
Important Notes:
The color, glazes, texture and the finishes shown may vary from the item
shipped.
All handcrafted items and ceramic pieces will have some degree of variance in
color, size and finish due to production limitations.
These variations add to the character of the design and create the uniqueness
and individuality of each piece.
Outdoor Disclaimer:
We recommend that our ceramic garden seats and planters being used outdoors be
brought indoors during freezing temperatures and long periods of inclement
weather.
Copyright:
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of Emissary. The collective work
includes works that are licensed to Emissary. Copyright 2023, Emissary ALL
RIGHTS RESERVED. Permission is granted to electronically copy and print hard
copy portions of this site for the sole purpose of placing an order with
Emissary or purchasing Emissary products. You may display and, subject to any
expressly stated restrictions or limitations relating to specific material,
download or print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with Emissary or
to purchase Emissary products. Any other use, including but not limited to the
reproduction, distribution, display or transmission of the content of this site
is strictly prohibited, unless authorized by Emissary. You further agree not to
change or delete any proprietary notices from materials downloaded from the
site.
Trademarks:
All trademarks, service marks and trade names of Emissary used in the site are
trademarks or registered trademarks of Emissary
Warranty Disclaimer:
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Emissary disclaims all
warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose and
non-infringement. Emissary does not represent or warrant that the functions
contained in the site will be uninterrupted or error-free, that the defects
will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. Emissary does not
make any warrantees or representations regarding the use of the materials in
this site in terms of their correctness, accuracy, adequacy, usefulness,
timeliness, reliability or otherwise. Some states do not permit limitations or
exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability:
Emissary shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this site or
the performance of the products, even if Emissary has been advised of the
possibility of such damages. Applicable law may not allow the limitation of
exclusion of liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Typographical Errors:
In the event that a Emissary product is mistakenly listed at an incorrect
price, Emissary reserves the right to refuse or cancel any orders placed for
product listed at the incorrect price. Emissary reserves 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 cancelled, Emissary shall issue a credit to your
credit card account in the amount of the incorrect price.
Term; Termination:
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Emissary without notice
at any time, for any reason. The provisions relating to Copyrights, Trademark,
Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall
survive any termination.
Notice:
Emissary may deliver notice to you by means of e-mail, a general notice on the
site, or by other reliable method to the address you have provided to Emissary.
Miscellaneous:
Your use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to this site (including but not
limited to the purchase of Emissary products) shall be in the state or federal
courts located in Los Angeles County, California. Any cause of action or claim
you may have with respect to the site (including but not limited to the
purchase of Emissary products) must be commenced within one (1) year after the
claim or cause of action arises. Emissary's failure to insist upon or enforce
strict performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any of these terms
and conditions. Emissary may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Use of Site:
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Emissary or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer:
Emissary does not and cannot review all communications and materials posted to
or created by users accessing the site and is not in any manner responsible for
the content of these communications and materials. You acknowledge that by
providing you with the ability to view and distribute user-generated content on
the site, Emissary is merely acting as a passive conduit for such distribution
and is not undertaking any obligation or liability relating to any contents or
activities on the site. However, Emissary reserves the right to block or remove
communications or materials that it determines to be (a) abusive, defamatory,
or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a
copyright, trademark or; other intellectual property right of another or (d)
offensive or otherwise unacceptable to Emissary in its sole discretion.
Indemnification:
You agree to indemnify, defend, and hold harmless Emissary, its officers,
directors, employees, agents, licensors and suppliers (collectively the
"Service Providers") from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from any violation
of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links:
In an attempt to provide increased value to our visitors, Emissary may link to
sites operated by third parties. However, even if the third party is affiliated
with Emissary, Emissary has no control over these linked sites, all of which
have separate privacy and data collection practices, independent of Emissary.
These linked sites are only for your convenience and therefore you access them
at your own risk. Nonetheless, Emissary seeks to protect the integrity of its
web site and the links placed upon it and therefore requests any feedback on
not only its own site, but for sites it links to as well (including if a
specific link does not work).