Terms and Conditions

Last Updated: 11/22/2024

Emma’s Desires, our subsidiaries, and affiliated companies (collectively, "Emma’s Desires", "we," “us,” or “our”), may make products available to you for purchase through our website or other online platforms (the “Storefronts”, include but are not limited to Facebook Marketplace and Google Shopping). By purchasing any products or services provided by Emma’s Desires, you agree to be bound by the Shipping Policy, Return and Exchange Policy, Terms and Conditions, and any additional terms and policies referenced herein and/or provided by hyperlink (collectively, “Terms”). If you do not agree to all these terms of sale, do not make any purchases through our Storefronts.

Emma’s Desires is an internet retailer engaged in selling products to our end Customers. We are not a distributor and have agreements in place with several of our suppliers which prohibit the sale of their products for the purpose of resale, therefore orders we deem to be intended for resale may be rejected. Accounts believed to be operating as resellers may be restricted.

We reserve the right, in our sole discretion, to modify these Terms at any time. These changes will not apply to products or services you have already purchased, but your continued purchase of products and services through our Storefronts will confirm your acceptance of such changes. We encourage you to review these Terms regularly, including prior to making any purchase through our Storefronts to ensure you understand the Terms that apply to your purchase. If you do not agree to the updated Terms, you must stop purchasing products through our Storefronts.

Product Information

Product information is available and provided as accurately as possible for all products on their specific product page. You will be able to find product overview information, product specifications, and customer reviews on our products. Some products have additional photos and videos as well.

All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. We reserve the right to correct any errors, inaccuracies, or omissions, and to cancel any order containing a price or availability error, with no further obligation to you, including after you have submitted your order.

If you see any product information that you think is incorrect, please let us know. At the bottom of every page, you’ll see a link to “Contact Us”. Let us know which product you were looking at and describe the issue in as much detail as possible. We will verify information prior to making any changes and correct any incorrect information on our website.

Intellectual Property

Our Services, including the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “Emma’s Desires Content”) are owned by or licensed to Emma’s Desires and are protected under both United States and international trademark, copyright, and other intellectual property right laws. We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable license to access our Services to view the content therein for your personal, non-commercial use in accordance with these Terms, and not for distribution, resale, sublicensing, or other usage. Any use of Services or Emma’s Desires Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.

Users

User Accounts

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account, including your password or login credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission by using the contact information below. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.

User Content and Conduct

You are solely responsible for your content and conduct while accessing or using our Services. Our Services may allow you to create, post and share content, including feedback, photos and videos, or other content (collectively, “User Content”). We encourage you to post, comment, and interact with Emma’s Desires and other users on our website, and Online Platforms. However, we are not responsible for such information and do not guarantee its accuracy. You assume all risk for your interactions with other users, including online and physical interactions.

You grant Emma’s Desires a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your name, nickname, or photos) may be visible to others.

Please retain copies of all User Content you submit, as we are under no obligation to store or return any such User Content to you. Your submission of User Content will not be subject to any obligation of confidentiality, attribution, or otherwise.

You may not create, post, or share any User Content that:

• Is offensive, harassing, threatening, intimidating, or unlawful;
• Makes misrepresentations through false or misleading information in connection with a purchase made through our Services;
• Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create a liability or violate any local, state, national or international law;
• Otherwise, is objectionable and hinders any other person from using and enjoying our Services.

While we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice. You will indemnify Emma’s Desires and hold Emma’s Desires harmless from all losses, claims, damages, and expenses arising from your User Content.

You will not conduct any activity that:

• Is offensive, harassing, threatening, intimidating, or unlawful;
• Could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
• Use our Services for any fraudulent, illegal, or unauthorized purpose, including to purchase goods and services in a jurisdiction where such purchase is illegal, or engage in, encourage or promote any activity that violates these Terms.

You acknowledge and agree that we may monitor your account and your access to and use of our Services. Emma’s Desires may at any time suspend or terminate your account and access to our Services as we consider appropriate or necessary for any alleged or suspected breach of these Terms, to protect intellectual property, or for any other legitimate business purposes. Emma’s Desires may also impose limits on certain features and functions of our Services or restrict your access to our Services without notice or liability.

User Feedback

From time to time, you might voluntarily provide us with questions, comments, suggestions, ideas, original or creative materials or other information about Emma’s Desires and related Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback. You understand that Emma’s Desires may treat Feedback as nonconfidential.

Third-Party Websites

Emma’s Desires might provide links to websites operated by others or to social media accounts created and maintained by others, which we do not own or control, but which are being provided for your convenience. If you use those links, you will leave our Website or the Online Platforms. If you decide to visit any linked website or other platform, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We make no warranty or representation regarding any linked website or content, the information appearing on those websites or posts, or any of the products or services described on those websites or platforms. Emma’s Desires does not endorse the information appearing on those websites or platforms or any of the products or services described on those websites or platforms.

Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party. We are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third-party site is on your own initiative and at your own risk, and may be subject to the other sites’ terms of use and privacy policy. We reserve the right to terminate a link to a third-party website at any time.

Orders

You agree to provide and maintain current, complete, and accurate purchase and account information for all purchases made through our Storefronts. Emma’s Desires may choose to reject any orders, limit quantities, or cancel quantities purchased per user, per household, or per order in our sole discretion. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the phone number or email address provided at the time the order was made.

You are responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. If you do not pay such taxes or fees in connection with a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable. Emma’s Desires reserves the right to collect such taxes or other fees from you at any time.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Payments

Only valid credit cards and other payment methods acceptable to us will be usable to purchase products and services through our Storefronts. All refunds will be credited to the same credit card, or in our discretion, other payment methods such as store credit. By submitting an order through our Storefronts, you represent and warrant that you are authorized to use the payment method and authorize us to charge that payment method for the purchase amount of your order (including taxes, shipping, handling, and any other amounts described on our Storefronts). When you provide your payment information, you authorize us (or a third party service provider working on our behalf) to process and store your payment information, and any other related information.

If the payment method you designate cannot be verified, is invalid, or is not otherwise acceptable, we may suspend or cancel your order automatically. You are solely responsible for resolving any problem we encounter in order to proceed with your order.

Out-of-Stock Policy

When you add an item to your shopping cart, we believe that item is in stock. However, in some cases, the inventory may not be available. If for some reason we cannot fill your entire order, we will contact you directly within 48 hours of the time you place your order.

Indemnification

You agree to indemnify, defend, and hold Emma’s Desires and our owners, officers, directors, employees, agents, affiliates, suppliers, and assignees (individually and collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your content or conduct. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

If you are a consumer who resides in California, you hereby expressly waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Complaints and Legal Notices

All complaints and legal notices should be emailed to: legal@emmasdesires.com

Disclaimer

All Emma’s Desires products and services that are provided through Storefronts are provided to you “as is” and “as available.” Emma’s Desires makes no warranties of any kind, either express or implied, including but not limited to implied warranties, any warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow for the exclusion of implied warranties, so these exclusions on implied warranties may not apply to you.

Emma’s Desires does not guarantee that your access to our Storefronts will be uninterrupted or error-free, or that information or other content obtained through our Services will be useful or that it will satisfy your requirements. Emma’s Desires will not be liable for any delay, downtime, or other failure of performance.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Emma’s Desires be liable for special, indirect, incidental, consequential or punitive damages, including lost profits or loss of business, even if we have been advised of the possibility of such damages, nor shall the aggregate liability of Emma’s Desires, regardless of the form of action whether in contract, warranty, tort (including negligence) or strict liability arising out of or relating to these Terms, the purchase or use of any products purchased through our Storefronts exceed the purchase price of the product or service.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Governing Law

By accessing our Services, you agree that the laws of the United States and the State of Colorado, without regard to the conflict of laws and principles thereof, will apply to all matters relating to the use of our Services and the interpretation of these Terms. By accessing our Services agree to submit to the personal jurisdiction of Colorado and the venue of the state and federal Courts of Colorado.

Severability

If any provision of these terms is declared invalid, unenforceable, or unlawful, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. The unenforceability or invalidity of any provision shall not affect any other provision of the Terms, and the Terms shall continue in full force and effect.

Contact Us

If you have any questions regarding these Terms, please contact us via

• Phone: (833) 202-6269
• Email: support@emmasdesires.com