Thank you for shopping with Emma Kristina. We would like you to read our policies and terms carefully to ensure that you are fully aware of your rights when purchasing products (the Products) from our website.

Your order signifies your agreement to be bound by these policies and terms, which constitute the agreement between Emma Kristina ABN 94 167 768 964 trading as Emma Kristina (we, us, our or Emma Kristina) and you.

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Purchase Terms

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Purchases

You must provide complete and accurate details at the time of making your purchase. You may be required to provide additional details upon our request to ensure the accuracy of your order.

You must enter the correct delivery address and delivery instructions at the time of placing your order. If you enter an incorrect address, Emma Kristina is not obliged to re-send the order to the correct address at our own expense.

Purchase Price

All prices quoted on the Website or pursuant to your enquiry with us are in Australian Dollars (AUD). Costs relating to international orders will be calculated via our integrated currency converter. The actual international currency conversion that you are charged via your bank may vary.

We reserve the right to vary the prices displayed on the Website from time to time and without notice to you.

Payment

Emma Kristina accepts payment via credit card (Visa/Mastercard), American Express, Shopify Pay, Apple Pay, and/or Google Pay.

After you make payment for your order, we will email you an invoice, which confirms receipt of your order.

Security

We recognise that protection and safety of information relating to your credit card is very important. Therefore, we provide you with a very safe and stress-free online shopping experience.

We do not store your credit card details at any time so consumer confidence and satisfaction is assured.

Consent

By agreeing to these Purchase terms, you also consent to receive further electronic communications from us in relation to the Emma Kristina business, including information relating to products, competitions, promotions, special offers and any other commercial message. Of course, you may at any time, unsubscribe from receiving electronic commercial messages from us. Simply email us at info@emmakristina.com.

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Return Policy

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All of Emma Kristina's products are non-refundable, so it's imperative you follow our size guide or email us at info@emmakristina.com with any questions before you purchase to ensure you have the perfect fitting swimwear. If you find your swimwear isn't fitting quite right, we are more then happy to do an exchange by issuing you a store credit to the value of your swimwear (minus original shipping charges) if the following is met:

• Unworn items must be returned within 14 days of delivery date.
• Unworn items must have all swing tags attached.
• Unworn items must be returned in perfect condition i.e. no stains, tears etc.

All sale items are final, we do not accept exchanges or returns on sales or promotions. 

By signing up to our mailing list, you will receive discount codes and promotions from time to time, however, any orders made prior to a sale are not negotiable for a percentage of a refund once a sale commences.

Every product we send out is initially quality controlled, however, in the unlikely event of a faulty item, please contact us at info@emmakristina.com as soon as possible so we can start the exchange process. Please include your name, order number and what item(s) you are returning in the email. Emma Kristina will bare the return shipping costs, so please keep your postage receipt and we will reimburse you if we deem the item to be faulty. If the package does not reach us safely, we will not be able to complete the exchange, so it is recommended to use a tracked method for safe delivery. Once your item is returned to us, has been inspected and if we deem it to be faulty, you will be given a store credit so you can repurchase from our online store.

Please note that all colour shades can slightly differ in each production run. 

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Shipping Policy

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Shipping Australia-wide is a flat rate fee of $8.95 for standard shipping and $11.95 for express shipping. International shipping for the rest of the world is flat rate fee of $24.95 for standard shipping and $35.95 for express shipping.

Once your order is packed and shipped you will receive an email with a tracking number to track your parcel.

If you are not home at the time of delivery, for your convenience, your parcel will be left in a secure place if deemed safe to do so by the delivery driver. If they feel it is not safe to leave, or the parcel is too large, you will be left a card and your parcel will be taken to your local Australia Post.

If your parcel is with Star Track courier and they are unable to complete the delivery safely, they will re-attempt delivery the following business day. Please contact Emma Kristina if you see an attempted delivery scan on your tracking so we can pass on further delivery instructions on your behalf. 

We are unable to re-direct orders once they have been dispatched, so triple check all details are entered correctly in the checkout.

Unfortunately we cannot guarantee that you will receive your package within the time frame expected. Estimated delivery times are to be used as a guide only and commence from the date of dispatch (make sure you watch out for that dispatch email). Emma Kristina does not hold responsibility for lost, damaged or stolen packages.

As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to; payment of these maybe necessary to release your order from customs on arrival. Emma Kristina will not be held liable for any fees or taxes you may incur or if your product is seized by customs. We advise that you are familiar with your package destination’s import duty, customs and local sales taxes, as well as it’s rules and regulations for importing foreign goods and products. If a delivery attempt has been made and the item was not collected and has been returned to us, you will be required to pay the re-delivery fee and the duty tax for re-import of the swimwear. If the duty tax is more then the value of the swimwear, we will abandon the package.

Please allow up to 5 business days for all items purchased to be packaged and shipped.

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Privacy Policy

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Emma Kristina recognises and values the protection of your personal information. We are aware of our obligations under the Privacy Act 1988 (Cth) and we will ensure that we fulfil our obligations under that Act.

We also recognise that you may have concerns about our collection of your personal information via our website, which is located at www.emmakristina.com (the Website) and how we may use that information.

We have implemented this Privacy Policy in order to inform you about how we will collect, store, use your personal information and under what circumstances we may disclose your personal information.

Information We Collect From You

Occasionally we may ask you to supply personal information such as your name, date of birth, address, telephone number or e-mail address. However, under no circumstances will we request or collect any information from you that may disclose your:

• racial or ethnic origin;
• political, religious or philosophical beliefs or affiliations;
• criminal convictions; or
• health and sexuality.

We may also conduct surveys or market research and may seek other information from you on a periodic basis. These surveys will provide us with information that allows improvement in the types and quality of services offered to you, and the manner in which those services are offered to you.

Personal Information via the Website

Most commercial websites use ‘cookies’, which are pieces of information that websites send to the browser and are stored in the computer hard-drive. Cookies make using the Website easier by storing information about your preferences on the Website. This allows the Website to be tailored to you for any of your return visits. Cookies will not identify you personally.

If you would prefer not to receive cookies, you can alter your security settings on your web browser to disable cookies or to warn you when cookies are being used. However, by disabling the cookie function in your web browser you may impede your ability to use parts of the Website.

We will take all reasonable steps to ensure that all information collected from you is accurate, up to date, complete and stored in a secure environment and accessed only by our authorised personnel.

Please note that no information transmitted over the Internet can be guaranteed to be 100% secure. However, we will endeavour to protect your personal information as best as possible but we cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk.

Unsubscribing From Our E-mail Database

To unsubscribe from our e-mail database, please send an e-mail to info@emmakristina.com with “UNSUBSCRIBE” typed into the subject line of the e-mail.

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 Terms of Use

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Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Use). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use.

We reserve the right to amend the Terms of Use at any time. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review the Terms of Use. You agree to be bound by such changes, modifications or revisions as made by us from time to time.

Our Services

We cannot be responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the Website will be available at all times or at any given time.

Prohibited Conduct

In relation to the Website, you must not:

• use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
• use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
• use the Website to send unsolicited email messages;
• in any way tamper with, hinder or modify the Website;
• knowingly transmit any viruses or other disabling features to the Website or via the Website; or
• attempt any of the above acts or facilitate or assist another person to do any of the above acts.

Intellectual Property

The material on the Website, including the software, design, text, images and graphics comprised in the Website and the selection and layout of the Website are owned or under license by Emma Kristina and protected by Australian and international laws.

Your use of the Website does not grant you a licence or act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trade mark owner.

We own the copyright, which subsists in all creative and literary works that are displayed on the Website.

You may view the Website and its contents using your web browser. In visiting the Website, you may make a temporary copy of the Website by means of the usual operation of your web browser only.

You must not:

• reproduce or use any of the material on the Website for commercial purposes, including sale;
• in any way modify the material on the Website; or
• cause any of the material on the Website to be framed or embedded in another website.

In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by us or expressly authorised in writing by us.

In the event that you do any of the above acts, we will not hesitate to enforce our intellectual property rights against you.

Third Party Links

The Website may contain hyperlinks and other pointers to websites operated by third parties (“Linked Websites”). We do not control Linked Websites and are therefore not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a Linked Website or the products or services offered at Linked Websites. You visit Linked Websites entirely at your own risk.

We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations with respect to the suitability of goods and/or services offered to you via a Linked Website.

Indemnity

By using the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

Disclaimer

Some legislation such as the Australian Consumer and Competition Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your “Statutory Rights”). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights and with respect to the Website:

• all material on the Website is provided to you without warranties of any kind, either express or implied;
• we expressly disclaim all warranties of any kind including but not limited to warranties of acceptable quality and fitness for a particular purpose;
• we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
• we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.

You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.

Limitation of Liability

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms of Use, is limited, at our option, to one or more of the following:

In the case of goods supplied or offered by us:

• the replacement of the goods or the supply of equivalent goods;
• the repair of such goods;
• the payment of the costs of replacing the goods or acquiring equivalent goods; or
• the payment of the costs of having the goods repaired.

Termination

The Terms of Use are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Use and limitations of liability set out in the Terms of Use will survive.

Miscellaneous 

We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

All rights not expressly granted in the Terms of Use are reserved.

If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

Applicable Law

The Terms of Use are governed by and construed in accordance with the laws of the State of Western Australia, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the Western Australia and Courts of Appeal from them for determining any dispute concerning the Terms of Use.

Discount Codes

Codes exclude gift cards and are one time use only.

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Spam Statement

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Emma Kristina is committed to observing and complying with its obligations at all times under any relevant Spam legislation and regulations in any subject country.

For the purpose of this Spam Statement, the term ‘subject country’ means the country from which you access our website, which is located at www.emmakristina.com.

We assure you that:

• we have crafted an internal policy to educate staff and implement clear guidelines and rules in relation to the dissemination of commercial electronic messages;
• you may at any time unsubscribe from any mailing list to which you have previously subscribed. If for any reason there appears to be no facility to unsubscribe from the mailing list, please send an email to info@emmakristina.com advising us of your wish to unsubscribe; and
• we will not use address-harvesting software for any reason whatsoever.

To assist us to combat spam, we request your assistance with the following:

• If you receive an unauthorised commercial message, which appears to originate from an Emma Kristina email address, please assume that it has been sent in error and notify us immediately on the above contact details;
• Please ensure that you unsubscribe from any of the Emma Kristina mailing lists if you decide that you no longer wish to receive electronic commercial messages from Emma Kristina or its contracted third parties; and
• Please notify us of any changes to your personal details or cancellation of your email address so we can update our records.