Any purchase you make through empresspost.com will made from Empress Post, LLC. By submitting an order for the purchase of goods from Empress Post, you are agreeing to the terms and conditions set forth herein.
1. Nature of Transaction. Empress Post purchases goods on your behalf from retailers based in the United States.
You provide product information you have seen on a retailer’s website;
Through empresspost.com, you will be provided with an opportunity to submit product details as listed on retailer’s website. You will receive an invoice with the item price, shipping cost, applicable local taxes, and or service fees. The invoice may or may not be inclusive of import duty and taxes for the importing country.
For goods to be purchased on your behalf, you must submit payment after your review of invoice and shipping information provided by Empress Post. You will receive a payment confirmation email after successful verification by Empress Post. Empress Post will proceed with the purchase and shipment of your order.
You acknowledge that if Empress Post is unable to verify the payment information you provide (automatically or otherwise), Empress Post representatives may contact you and/or your tender type issuer and/or take other actions (including looking at publicly available information) to confirm your identity and/or your intent to place the order. You will receive a refund for items that are only available for purchase online, and do not arrive at Empress Post’s facility within thirty (30) days of purchase.
Each item in your purchase shall materially conform to the product description you provided to Empress Post of such item that you confirmed prior to payment submission. If you are under 18 years old, considered a minor in your local jurisdiction, or the equivalent thereof, you may use Empress Post only with the permission and involvement of a parent or guardian. To the extent not prohibited by applicable law and subject to the provisions of these Terms & Conditions, Empress Post reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
2. Non-Commercial Use Intent and Compliance with Applicable Export, Import and Sanctions Law(s). Item available for purchase from Empress Post is intended for non-commercial use, and purchase of any item for resale purposes is prohibited. Further, by agreeing to these Terms & Conditions, you are certifying that any items in a Purchase will not be re-exported, sold, or transferred in violation of any applicable laws, including the U.S. Export Administration Regulations or applicable U.S. sanctions and embargoes administered by the U.S. Department of the Treasury. Any attempt to have commodities, technology and/or software exported from the United States that are not in accordance with the U.S. Export Administration Regulations and any other applicable law is strictly prohibited. ALTHOUGH WE ARE FACILITATING A PURCHASE AND DELIVERY TO YOU, YOU ARE THE PARTY IMPORTING ITEM INTO YOUR COUNTRY (“IMPORTER OF RECORD”) OR CONSIGNEE, AS APPLICABLE, AND YOU MUST COMPLY WITH ALL LAWS AND REGULATIONS OF THE COUNTRY INTO WHICH THE PURCHASED ITEMS ARE BEING DELIVERED. It is your responsibility to know the laws in the country into which you are receiving the item. By purchasing items hereunder, you are acknowledging that such delivery does not violate any laws or regulations in the country into which the purchased item will be delivered.
3. Title to Item. All purchases are made pursuant to a shipment contract. After Empress Post purchases and takes title to the relevant item from the retailer to fulfill your purchase, title of such item shall transfer from Empress Post to you, in the United States, at the time Empress Post ships the item to you from Empress Post’s facility in the United States provided the price total in respect of the item has been received by Empress Post. In some cases, the retailer may act as our shipping agent and facilitate delivery of the item to you. In such case, the title to such item will transfer to you from Empress Post at the time of shipment from the retailer’s facility provided the price total in respect of the item has been received.
4. Pricing and Billing. Empress Post strives to provide accurate pricing information regarding the products. Empress Post cannot, however, insure against pricing errors. Empress Post reserves the right, at its sole discretion and before a contract is formed (as described in Section 1 above), to not process or to cancel any orders placed for a product that was priced incorrectly on a retailer’s website as a result of an error. If this occurs, Empress Post will notify you by email. In addition, Empress Post reserves the right, at its sole discretion, to correct any error in the stated price total and may contact you with the corrected price total for your acceptance. If the corrected price total is lower than the original price total stated, a refund will be issued to you for the difference. If the corrected price total is higher than the original price total stated, you will be presented with one or more payment options, and if you choose to accept the corrected price total, you will be billed by Empress Post. Empress Post complies with the applicable rules regarding those payment options (including the time line of when you will be billed). In the event of the receipt by us of any parcel from a retailer containing only part of your purchase, Empress Post will process the item received (unless you agreed with Empress Post for a different option), and will only bill for an amount commensurate with the price of the item therein, pro-rated amounts for shipping and/or handling, plus any duty, taxes, VAT, if applicable. Notwithstanding the foregoing, unless expressly consented to by you, in no instance will the aggregate amount billed to you by Empress Post exceed the total amount presented at the time of order placement by you.
5. Shipping and Brokers. By making a purchase, you hereby authorize a licensed customs broker chosen by Empress Post to act as your agent and transact business with foreign revenue authorities to clear your item, account for duties and taxes on your behalf, return your item, and if applicable, prepare and submit refund claims on your behalf for any item that you return. Please note that we do not ship certain items, to certain locations, or to certain people (due to legal restrictions and/or other reasons).
6. Customs, Duties, Taxes and Collection Fees. When you are making a purchase, you may be given an option to prepay or not prepay import taxes and customs duties that may be levied by the destination country, and any disbursement fees, advancement fees or similar fees that may be imposed by the shipper, broker, the customs authority of the destination country or other party (collectively, “Import Fees”). We will make commercially reasonable efforts to estimate the amount of Import Fees (such estimate, the “Estimate”). However, the Estimate may be more or less than the final actual amount of Import Fees due and payable. We have no control over the Import Fees and cannot always predict with 100% accuracy what the final actual amounts may be. For greater certainty, you should contact your local customs office for further information on the import taxes and customs duties that may be applicable to your purchase. Import Fees do not include any state, provincial, or local use or similar taxes that a tax authority in the country or other local jurisdiction of destination may levy after the import on apply in respect of your purchase (“Other Taxes”). Empress Post will not include any Other Taxes in the Estimate, and you will remain responsible for the payment of all Other Taxes as applicable.
Prepaying Import Fees. If you choose to prepay the Import Fees, you agree and acknowledge that (a) the actual Import Fees may be more or less than the Estimate and (b) you will NOT be asked to pay more money OR receive any refund in the case that the actual Import Fees differ from the Estimate. You authorize Empress Post to submit refund claims on your behalf where Empress Post has paid higher Import Fees to customs authorities in the destination country than the Estimate that you have paid, and you hereby acknowledge and agree that Empress Post shall be entitled to directly receive such refund in reimbursement for Import Fees that it has paid on your behalf.
Deferring Payment of Import Fees. IF YOU CHOOSE TO NOT PREPAY THE IMPORT FEES, YOU AGREE AND ACKNOWLEDGE THAT (I) THE ACTUAL IMPORT FEES MAY BE MORE OR LESS THAN THE ESTIMATE; (II) YOU (AND NOT EMPRESS POST, THE BROKER, THE SHIPPER, THE SUPPLIER OR ANY OTHER PARTY) MUST BEAR THE RESPONSIBILITY OF PAYING ALL ACTUAL IMPORT FEES; (III) IN THE CASE THAT ANY ENTITY OTHER THAN YOU MUST PAY SOME OR ALL OF THE ACTUAL IMPORT FEES ON YOUR BEHALF TO EFFECT CUSTOMS CLEARANCE, YOU WILL REIMBURSE (UPON REQUEST) THAT ENTITY IN FULL FOR THE ACTUAL IMPORT FEES PAID ON YOUR BEHALF; AND (IV) FAILURE BY YOU TO PAY IMPORT TAXES IN A TIMELY MANNER MAY NOT ONLY CAUSE DELAYS BEYOND OUR ORIGINAL DELIVERY ESTIMATES, BUT ALSO MAY PUT YOU AT RISK OF POTENTIAL LIABILITY FOR TAXES AND OTHER FEES.
Failure to Pay Import Fees. MOREOVER, IF YOU CHOOSE TO NOT PREPAY THE IMPORT FEES AND IF YOU (OR THE RECIPIENT) SUBSEQUENTLY REFUSE OR FAIL TO ACCEPT THE DELIVERY OF THE ITEM, REFUSE OR FAIL TO PAY IMPORT FEES, AND/OR ATTEMPT TO RETURN THE ITEM TO AVOID PAYING IMPORT FEES: (1) THE COSTS YOU PREPAID EMPRESS POST FOR SHIPPING AND/OR HANDLING WILL NOT BE REIMBURSED TO YOU; (2) YOU WILL BE RESPONSIBLE FOR ALL CHARGES RESULTING FROM SAID REFUSAL OR FAILURE TO PAY IMPORT FEES (SUCH AS COSTS FOR SHIPPING AND HANDLING BACK TO EMPRESS POST IN THE U.S. AND ANY OTHER FEES RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR FAILURE TO PAY THE IMPORT FEES); (3) SUBJECT TO YOUR CONSUMER RIGHTS, YOU UNDERSTAND THAT ALL SALES ARE FINAL AND WE ARE NOT REQUIRED TO REFUND YOU THE COST OF THE ITEM, BUT WE MAY DO SO IN CERTAIN CASES IN OUR SOLE DISCRETION; (4) YOU ARE STILL RESPONSIBLE FOR ALL ACTUAL IMPORT FEES; (5) YOU WILL NOT REQUEST THAT EMPRESS POST OR ANY OTHER ENTITY REIMBURSE YOU FOR ANY IMPORT FEES PAID; (6) YOU MAY HAVE THE OPTION (DEPENDING ON LOCAL LAWS AND REGULATIONS) TO BE REIMBURSED BY A GOVERNMENTAL OR OTHER AUTHORITY FOR SOME OR ALL OF THE ACTUAL IMPORT FEES (AND YOU SHOULD CONTACT THE LOCAL CUSTOMS OFFICE FOR MORE INFORMATION ON THIS), BUT YOU (AND NOT EMPRESS POST OR ANY OTHER ENTITY) WILL BE RESPONSIBLE FOR TAKING ACTION TO TRY TO BE SO REIMBURSED; (7) IF EMPRESS POST (OR THE SHIPPER, BROKER OR OTHER ENTITY) IN OUR SOLE DISCRETION DECIDE TO ATTEMPT TO DEAL WITH THE IMPORT FEES DIRECTLY WITH A GOVERNMENTAL OR OTHER AGENCY, WE WILL NO LONGER HOLD YOU RESPONSIBLE FOR THE IMPORT FEES; (8) ANY PORTION OWED TO YOU (AFTER ACCOUNTING FOR THE ITEMS DISCUSSED ABOVE) WILL BE REFUNDED TO YOU AND (9) ANY PORTION OWED TO EMPRESS POST (AFTER ACCOUNTING FOR THE ITEMS DISCUSSED ABOVE), THAT WE HAVE NOT ALREADY COLLECTED FROM YOU, WILL BE BILLED TO YOU THROUGH YOUR INITIAL METHOD OF PAYMENT.
7. To find out if any item that you may purchase or have purchased pursuant to a purchase may be returned under certain terms and conditions (“Allowable Returns”), please see the retailer’s website to see if a returns policy is listed. Please note that not all retailers have a returns policy and if they do not, then any reference to such a policy herein should be ignored for your purchase. Although you are making a purchase from us (and we are ultimately responsible for facilitating delivery of a purchase to you and facilitating returns), we have contracted with the retailer to have them act on our behalf to publish Allowable Returns (relevant to that retailer’s item) and to allow or not allow, in its sole discretion, returns requests. For allowable returns Empress will provide you with information regarding the return and instructions on where to ship your return parcel. If and where parcels are shipped back to Empress Post’s facility or shipped to a local facility to be consolidated before being shipped to Empress Post’s facility, title to the item that you are returning will transfer from you to Empress Post after the parcel has arrived at Empress Post’s facility in the United States and we have confirmed the contents of the parcel as conforming to item to be returned. If the retailer allows, in its sole discretion pursuant to the its returns policy, Empress Post will reimburse you for any or all of the following, based on the amount that you actually paid: the original sales prices of the returned item, duties, taxes, and any credits or debits. Unless otherwise stated in the returns policy (or otherwise determined by retailer in its sole discretion), if item is allowed to be returned hereunder, (a) you are responsible for all costs associated with returning the item (including without limitation shipping costs, duties or taxes imposed for the return, or non-Empress Post fees that may be levied or charged) and (b) if you are being reimbursed your original shipping costs (or some part of that) pursuant to retailer so deciding in its sole discretion, the returns policy or pursuant to relevant law, and you are only returning part of your order, we may only return those shipping costs (or part of those shipping costs) prorated for the item being returned.
8. Empress Post Account. During the sign-up process for your Empress Post account, you will be asked to create a password, we will ask you for certain information, including your payment information and e-mail address, and we will capture other information through your usage and information that you otherwise provide to us with your consent. Please read our Privacy Policy regarding how we collect, use, disclose, store, protect and process that information. By providing this information to us, you represent that the information is accurate and that you will keep that information up to date at all times. You may not have more than one active account open with us at any one time. Only you may use your account and you may not transfer to (or allow use by) any other person. You may only open an account if you are 18 years or older, you are the legal age of majority in your country, you are legally allowed to open this account in your country, and you live in a country supported by us (which we may change from time to time). PLEASE SAFEGUARD YOUR USER NAME AND PASSWORD. YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF YOUR ACCOUNT, USER NAME, OR PASSWORD. YOU REPRESENT THAT YOU WILL USE THIS ACCOUNT ONLY FOR LAWFUL PURPOSES, TO MAKE PURCHASES FOR PERSONAL CONSUMPTION AND ONLY IN ACCORDANCE WITH THESE TERMS & CONDITIONS. We will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password or provides other appropriate account identifying information to us. We are not responsible or liable for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password or other appropriate account identifying information. To cancel your account, please contact customer service at support@empresspost.com, 2319 Nostrand Avenue, Unit 101035, Brooklyn, NY 11210. We reserve the right, in our sole discretion, to refuse registration of, suspend, or terminate your account for any reason and without notice. Such reasons may include but are not limited to: non-payment of monies due, periods of inactivity, unresponsiveness to our requests for information related to your account or purchase, inaccurate, incomplete or misleading information being provided by you, use of your account fraudulently, non-compliance with export and sanctions laws or other laws, or non-compliance with these Terms & Conditions. We may delete any of your data within thirty (30) days after the date of termination of your account.
9. Special Terms for Marketplace Purchases. Notwithstanding anything to the contrary in these Terms & Conditions, if you are viewing an item on a marketplace website, including without limitation any retailer storefront or sub-domain on such marketplace website, and using the marketplace to make your purchase, then you agree to the special terms for marketplace purchases in this section. Though Empress Post will purchase the item from the retailer on your behalf, your purchase will take place on the marketplace. Any purchases that you make of item found on a marketplace will be made from Empress Post. The marketplace may limit the payment option(s) and currency or currencies offered for your purchase and you may be billed directly by the marketplace or its affiliates instead of Empress Post. By submitting personal information to or through the marketplace, you are providing your information to that marketplace and the collection, use, disclosure and other processing thereof is subject to that marketplace’s privacy policy and terms and conditions in addition to Empress Post’s privacy policy and these terms & conditions. Regarding returns, in addition to the terms in the above returns section, Empress Post shall only work with retailer to effect allowable returns permitted by the marketplace. For the avoidance of doubt, all other terms and conditions not expressly modified in this section will continue to apply to your purchase.
10. Privacy Policy. Empress Post’s Privacy Policy, which applies to Empress Post’s collection, use, disclosure and other processing of personal information, is located at https://www.empresspost.com/privacy-policy. You consent to the personal and other information that Empress Post may obtain about you being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy.
11. Contacting Empress Post. You can contact Empress Post (for questions, comments, praise, complaints, etc.) at support@empresspost.com, or 2319 Nostrand Avenue, Unit 101035, Brooklyn, NY 11210.
12. Electronic Communications. When you visit EmpressPost.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
13. DISCLAIMER OF WARRANTIES, LIMITED WARRANTY BY SUPPLIER AND LIMITATION OF LIABILITY. ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH EMPRESSPOST.COM ARE PROVIDED BY EMPRESS POST, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EMPRESS POST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE EMPRESSPOST.COM OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EMPRESSPOST.COM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE EMPRESSPOST.COM IS AT YOUR SOLE RISK.
AS DETAILED ELSEWHERE HEREIN, YOU ARE MAKING YOUR PURCHASES DIRECTLY FROM EMPRESS POST AND NOT THE SUPPLIER. NONETHELESS (AND WITHOUT LIMITING OR ALTERING THE DISCLAIMERS AND LIMITATION SET FORTH ABOVE OR BELOW) EMPRESS POST WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO CONTRACTUALLY REQUIRE THE SUPPLIER TO HONOR LIMITED WARRANTIES POSTED ON THEIR WEBSITES AT THE TIME OF YOUR PLACEMENT OF ORDERS WITH EMPRESS POST FOR ITEM. YOU AGREE TO ADDRESS ANY QUESTIONS ABOUT ITEM AND REQUESTS FOR ITEM SUPPORT DIRECTLY WITH THE SUPPLIER. THIS INCLUDES, WITHOUT LIMITATION, ANY CONCERNS YOU MAY HAVE ABOUT THE FITNESS, QUALITY, OR SAFETY OF ANY ITEM. EMPRESS POST DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY IMAGE, DESCRIPTION OR SPECIFICATION WHEN A SUPPLIER PROVIDES PRODUCT IMAGES, DESCRIPTIONS AND SPECIFICATIONS TO EMPRESS POST. EMPRESS POST PROVIDES NO WARRANTIES, GUARANTEES OR COVENANTS OF ANY KIND RELATING TO THE FITNESS, QUALITY, SAFETY, OR INABILITY TO USE, OR INABILITY TO HAVE REPAIRED OR SERVICED, ANY ITEM IT SELLS TO YOU. TO THE MAXIMUM EXTENT ALLOWED BY LAW, EMPRESS POST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO FITNESS, QUALITY, OR SAFETY OF ITEM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT EMPRESS POST AND ITS SUBSIDIARIES AND AFFILIATES (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE ITEM YOU PURCHASE. YOU FURTHER AGREE THAT EMPRESS POST AND ITS SUBSIDIARIES AND AFFILIATES (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM A SUPPLIER’S MISUSE OF YOUR PERSONAL DATA, WHERE YOU EXPLICITLY INSTRUCTED EMPRESS POST TO PROVIDE YOUR PERSONAL DATA TO THE SUPPLIER FOR THE PURPOSE OF SUBSCRIBING YOU TO THEIR MARKETING MESSAGES. LIABILITY IS SPECIFICALLY EXCLUDED FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL AND PUNITIVE DAMAGES, EVEN IF YOU HAVE ADVISED EMPRESS POST OF THE POSSIBILITY OF SUCH DAMAGES.
14. LIMITED WARRANTY BY EMPRESS POST AND LIMITATION OF LIABILITY. EMPRESS POST PROVIDES A LIMITED WARRANTY RELATED EXCLUSIVELY TO ITS STORAGE, HANDLING, AND DELIVERY OF ITEM AS SET FORTH AND LIMITED BY THIS SECTION. YOU ACKNOWLEDGE THAT EMPRESS POST SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE TO, OR DELAY IN DELIVERY OF ITEM YOU PURCHASE, UNLESS CAUSED BY EMPRESS POST DURING THE STORAGE, HANDLING, OR DELIVERY OF THE ITEM FOLLOWING ITS RECEIPT BY EMPRESS POST. EMPRESS POST SHALL HAVE NO LIABILITY FOR ANY DELAYS OR FAILURE TO SHIP IN THE EVENT THAT ANY ITEM YOU INSTRUCT EMPRESS POST TO PURCHASE FROM SUPPLIER IS CONTROLLED UNDER U.S. EXPORT CONTROLS AND/OR SANCTIONS LAWS SUCH THAT THE ITEM CANNOT BE SHIPPED TO YOU. IN ADDITION, EMPRESS POST SHALL HAVE NO LIABILITY FOR DAMAGE OR DELAY UNLESS CAUSED BY ITS GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. SUBJECT TO THE FOREGOING, EMPRESS POST’S LIABILITY SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE ACTUAL PRICE PAID BY YOU FOR THE PRODUCT OR USD $10,000.00, WHICHEVER IS LESS. EMPRESS POST SHALL HAVE NO LIABILITY WHATSOEVER TO YOU IN THE EVENT THAT: (I) THE ITEM WAS NOT RECEIVED BY EMPRESS POST FROM THE SUPPLIER AT EMPRESS POST’S APPLICABLE FACILITY IN THE U.S., OR IN THE CASE OF A RETURN FROM YOU, AT EMPRESS POST’S APPLICABLE FACILITY IN YOUR COUNTRY OR THE U.S., OR WAS NEVER IN EMPRESS POST’S PHYSICAL POSSESSION, OR NO CONTRACT WAS FORMED BETWEEN YOU AND US, AND (II) WHERE NEITHER SUPPLIER NOR YOU ARE ABLE TO PROVIDE SATISFACTORY PROOF OF SUCH RECEIPT OF THE ITEM BY EMPRESS POST. NOTWITHSTANDING THE FOREGOING LIMITED WARRANTY, EMPRESS POST SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL AND PUNITIVE DAMAGES, EVEN IF YOU HAVE ADVISED EMPRESS POST OF THE POSSIBILITY OF SUCH DAMAGES.
15. ADDITIONAL LIMITATION OF LIABILITY. THE CUMULATIVE LIMITATION OF LIABILITY IN THIS SECTION IS SUPPLEMENTAL, AND THEREFORE APPLIES IN ADDITION TO, ANY OTHER LIMITATIONS OF LIABILITY IN THESE TERMS & CONDITIONS. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE ITEM, EMPRESS POST SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF SAID ITEM.
16. Consumer Rights. Nothing in these terms of conditions shall affect your consumer rights under applicable law.
17. All content included on the EmpressPost.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of Empress Post, its affiliates, the supplier or its licensors and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Empress Post, its affiliates, the supplier or its licensors and is protected by U.S. and international copyright laws.
18. Empress Post, EmpressPost.com and other Empress Post.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Empress Post or its affiliates in the U.S. and/or other countries. Such trademarks and trade dress may not be used in connection with any product or service that is not Empress Post’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Empress Post. All other trademarks not owned by Empress Post that appear in the EmpressPost.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Empress Post.
19. Force Majeure. Empress Post shall not be liable for any damage, loss, cost or expense arising in connection with any failure in performing any obligation caused by any circumstance beyond its reasonable control, including, without limitation, acts of God, acts of governments, natural disasters, strike, lockout (“Force Majeure”). Upon the occurrence of any event of Force Majeure, we will promptly inform you and in the event of any delay, the obligation to deliver shall be suspended.
20. These Terms & Conditions state the entire agreement between you and Empress Post, although nothing in this Section shall operate to exclude any representation made by Empress Post fraudulently. If any term or condition herein shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining terms shall not in any way be affected or impaired thereby. You and Empress Post agree that it is our mutual intent that these Terms & Conditions, including without limitation any limitation of liability herein, be enforced as written, but otherwise to the maximum extent allowable by law.
21. Jurisdiction and Applicable Law. The laws of the State of New York in the United States of America, excluding its conflicts-of-law rules, shall govern these Terms & Conditions. These Terms & Conditions and the transactions contemplated herein are not and never will be subject to the United Nations Convention on the Uniform Sale of goods or the Uniform Computer Information Transactions Act (prepared by the National Conference of Commissioner on Uniform State Laws) as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction.
Arbitration. Any dispute, claim or controversy that arises out of or relates to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or ability to arbitration, such a dispute, claim or controversy will be determined by binding arbitration as set forth in this Section.
ARBITRATION AFFECTS HOW DISPUTES ARISING FROM THESE TERMS & CONDITIONS WILL BE RESOLVED. BY USING THE EMPRESSPOST.COM, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis many of the same damages and relief as a court. Injunctive and declaratory relief or statutory damages may be granted, but punitive or exemplary damages will not be awarded. The arbitrator must follow the terms of these Terms & Conditions as a court would.
The arbitration in this Section will be administered by the Judicial Arbitration Mediation Service (“JAMS”) pursuant to its arbitration rules and procedures then in effect. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267 (international rates may apply). Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules. We will reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, Empress Post will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. Judgment on the award may be entered in any court having jurisdiction. The arbitration in this Section must be brought in New York, NY U.S.A before one (1) arbitrator. The decision of the arbitrator will be rendered within thirty (30) days following conclusion of the arbitration and will be in writing and will set forth in detail the reasons for such decision.
You and Empress Post agree that any dispute, claim or controversy arising out of or relating to this Agreement will be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class proceeding.
22. We reserve the right to make changes to the empresspost.com, our policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
Effective Date
This Policy is effective May 26, 2018.