Terms and Conditions
Last Update: August 1st, 2024
These Terms and Conditions (“Terms”) apply to the purchase and sale of products and services of E. Mishan & Sons, Inc. or any of its subsidiaries or affiliates (“Emson,” “we,” “our” or “us”) by persons referred to as “you,” “your” or “user”) through our websites, mobile applications, our pages on social networking sites and other platforms, and streaming services or any site of ours or our affiliates that link to these Terms (collectively "Site" or "Sites") and the associated products, services, data, information and materials offered therein ("Services").
1. ACCEPTANCE OF TERMS
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
PLEASE READ THE BINDING ARBITRATION PROVISION CONTAINED IN SECTION 9.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH EMSON, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
2. ORDER ACCEPTANCE AND CANCELLATION
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Emson and you will not take place unless and until you have received your order confirmation email.
Your placement of an order does not guarantee acceptance by Emson.
Emson reserves the right to refuse or cancel any order for any reason, including but not limited to the unavailability of a product, errors in pricing or product information, or suspected fraudulent activity. We may require additional verification or information before accepting any order. All orders placed are subject to product availability. All items purchased from Emson are sent by a third party carrier. If you are not fully satisfied with your purchase, you may return it in accordance with our return policy.
We make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change. Sometimes an item may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order. If you are dissatisfied with this website, its content, our Terms or our Website Privacy Policy, you agree that your sole and exclusive remedy is that you may discontinue using the website.
3. PRICES AND PAYMENT TERMS
(a) All prices posted on this Website are in U.S. currency and are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Our prices are net of sales tax. You will be responsible for the payment of such sales tax or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion. Payment must be received by us before our acceptance of an order. You must provide us with a valid credit card accepted by us, and you agree that we, and our third party services, are authorized to invoice your credit card for all fees payable to us. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
4. SHIPMENTS; DELIVERY; AVAILABILITY
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
(b) Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
(c) The availability of products may vary and is subject to change.
(d) Emson shall not be liable for any delays or damages caused by the shipping carrier or events beyond its control.
5. RETURNS
Your satisfaction is important to us. If you are unhappy with your product for any reason, you may return it according to our return policy.
If you are not completely satisfied with or wish to submit comments concerning this Website Privacy Policy or its application by us, we invite you to convey your concerns or suggestions by email to us at customerservice@emsoninc.com or by mail to E. Mishan & Sons, Inc. Attn: Customer Service, 230 Fifth Avenue, Suite 800, New York, New York 10001. We will reply as quickly as possible and inform you of the steps, if any, that have been or will be taken in order to address the concern or implement the suggestion.
6. LIMITATION OF LIABILITY
THE WEBSITE AND ALL PARTS THEREOF ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. EMSON MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.
OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT OF THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EMSON WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE PURCHASED THE SITE.
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.
7. CONSENTS
By using this website and its features, you consent to our, or our service providers, collection, use and sharing of electronic data and the recording, transferring and maintaining of text, voice and other information you provide to manage your order, provide customer service, provide training and quality control and other commercial reasons.
8. INTELLECTUAL PROPERTY
All materials, including images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights, trademarks and/or other proprietary rights owned by Emson or its licensors. You may not copy, alter, reproduce, distribute, modify, transmit or post the Contents or broadcast the Contents in any media. You may not remove or modify any copyright, trademark or other proprietary notice contained in the Contents. You may not make any commercial use of our Website or its Contents, download, copy, otherwise use account information for the benefit of a third party; or use any data mining, robots, or similar data gathering or extraction of any content, features, functionality or data on our Website.
Without consent, copying can be a copyright infringement and may result in civil or criminal penalties.
Emson and its suppliers and licensors expressly reserve all intellectual property rights in all Contents, products, processes, technology, tools and other materials that appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Emson’s or any third party's intellectual property rights.
9. ARBITRATION
THE RESOLUTION OF ANY CLAIMS OF EVERY KIND RELATING TO OR ARISING OUT YOUR ORDER OR PURCHASE OF PRODUCT(S) FROM US AND ANY DISPUTE RELATING IN ANY WAY TO USE OF OUR WEBSITES, TO OUR WEBSITE PRIVACY POLICY, TO OUR ADVERTISING OR SOLICITATION PRACTICES AND TO THE SERVICES THAT WE PROVIDE SHALL BE GOVERNED BY OUR ARBITRATION AGREEMENT. THE ARBITRATION AGREEMENT SETS FORTH IMPORTANT LEGAL RIGHTS. PLEASE READ THE ARBITRATION AGREEMENT CAREFULLY.
10. GOVERNING LAW AND VENUE
These Terms shall be governed by and interpreted in accordance with the laws of the State of New York applicable to agreements made and to be fully performed in New York without regard to any choice of law principles or statutes thereof. Any legal proceeding arising in connection with this Agreement shall be submitted to the exclusive jurisdiction of the federal or state courts in New York County and each of the parties hereby waives any defenses or objections based on lack of jurisdiction, improper venue, and/or forum non conveniens.
11. SEVERABILITY
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
12. NO WAIVERS
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Emson.
13. COMMUNICATING WITH US
If you have any questions concerning your order, delivery or products purchased, please do not hesitate to contact us by:
• Emailing us at customerservice@emsoninc.com
• Calling us Toll-Free 800-430-0475
• Mailing us at:
These Terms and Conditions (“Terms”) apply to the purchase and sale of products and services of E. Mishan & Sons, Inc. or any of its subsidiaries or affiliates (“Emson,” “we,” “our” or “us”) by persons referred to as “you,” “your” or “user”) through our websites, mobile applications, our pages on social networking sites and other platforms, and streaming services or any site of ours or our affiliates that link to these Terms (collectively "Site" or "Sites") and the associated products, services, data, information and materials offered therein ("Services").
1. ACCEPTANCE OF TERMS
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
PLEASE READ THE BINDING ARBITRATION PROVISION CONTAINED IN SECTION 9.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH EMSON, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
2. ORDER ACCEPTANCE AND CANCELLATION
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Emson and you will not take place unless and until you have received your order confirmation email.
Your placement of an order does not guarantee acceptance by Emson.
Emson reserves the right to refuse or cancel any order for any reason, including but not limited to the unavailability of a product, errors in pricing or product information, or suspected fraudulent activity. We may require additional verification or information before accepting any order. All orders placed are subject to product availability. All items purchased from Emson are sent by a third party carrier. If you are not fully satisfied with your purchase, you may return it in accordance with our return policy.
We make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change. Sometimes an item may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order. If you are dissatisfied with this website, its content, our Terms or our Website Privacy Policy, you agree that your sole and exclusive remedy is that you may discontinue using the website.
3. PRICES AND PAYMENT TERMS
(a) All prices posted on this Website are in U.S. currency and are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Our prices are net of sales tax. You will be responsible for the payment of such sales tax or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion. Payment must be received by us before our acceptance of an order. You must provide us with a valid credit card accepted by us, and you agree that we, and our third party services, are authorized to invoice your credit card for all fees payable to us. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
4. SHIPMENTS; DELIVERY; AVAILABILITY
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
(b) Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
(c) The availability of products may vary and is subject to change.
(d) Emson shall not be liable for any delays or damages caused by the shipping carrier or events beyond its control.
5. RETURNS
Your satisfaction is important to us. If you are unhappy with your product for any reason, you may return it according to our return policy.
If you are not completely satisfied with or wish to submit comments concerning this Website Privacy Policy or its application by us, we invite you to convey your concerns or suggestions by email to us at customerservice@emsoninc.com or by mail to E. Mishan & Sons, Inc. Attn: Customer Service, 230 Fifth Avenue, Suite 800, New York, New York 10001. We will reply as quickly as possible and inform you of the steps, if any, that have been or will be taken in order to address the concern or implement the suggestion.
6. LIMITATION OF LIABILITY
THE WEBSITE AND ALL PARTS THEREOF ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. EMSON MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.
OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT OF THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EMSON WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE PURCHASED THE SITE.
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.
7. CONSENTS
By using this website and its features, you consent to our, or our service providers, collection, use and sharing of electronic data and the recording, transferring and maintaining of text, voice and other information you provide to manage your order, provide customer service, provide training and quality control and other commercial reasons.
8. INTELLECTUAL PROPERTY
All materials, including images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights, trademarks and/or other proprietary rights owned by Emson or its licensors. You may not copy, alter, reproduce, distribute, modify, transmit or post the Contents or broadcast the Contents in any media. You may not remove or modify any copyright, trademark or other proprietary notice contained in the Contents. You may not make any commercial use of our Website or its Contents, download, copy, otherwise use account information for the benefit of a third party; or use any data mining, robots, or similar data gathering or extraction of any content, features, functionality or data on our Website.
Without consent, copying can be a copyright infringement and may result in civil or criminal penalties.
Emson and its suppliers and licensors expressly reserve all intellectual property rights in all Contents, products, processes, technology, tools and other materials that appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Emson’s or any third party's intellectual property rights.
9. ARBITRATION
THE RESOLUTION OF ANY CLAIMS OF EVERY KIND RELATING TO OR ARISING OUT YOUR ORDER OR PURCHASE OF PRODUCT(S) FROM US AND ANY DISPUTE RELATING IN ANY WAY TO USE OF OUR WEBSITES, TO OUR WEBSITE PRIVACY POLICY, TO OUR ADVERTISING OR SOLICITATION PRACTICES AND TO THE SERVICES THAT WE PROVIDE SHALL BE GOVERNED BY OUR ARBITRATION AGREEMENT. THE ARBITRATION AGREEMENT SETS FORTH IMPORTANT LEGAL RIGHTS. PLEASE READ THE ARBITRATION AGREEMENT CAREFULLY.
10. GOVERNING LAW AND VENUE
These Terms shall be governed by and interpreted in accordance with the laws of the State of New York applicable to agreements made and to be fully performed in New York without regard to any choice of law principles or statutes thereof. Any legal proceeding arising in connection with this Agreement shall be submitted to the exclusive jurisdiction of the federal or state courts in New York County and each of the parties hereby waives any defenses or objections based on lack of jurisdiction, improper venue, and/or forum non conveniens.
11. SEVERABILITY
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
12. NO WAIVERS
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Emson.
13. COMMUNICATING WITH US
If you have any questions concerning your order, delivery or products purchased, please do not hesitate to contact us by:
• Emailing us at customerservice@emsoninc.com
• Calling us Toll-Free 800-430-0475
• Mailing us at:
E. Mishan & Sons, Inc.
Attn: Customer Service
230 Fifth Avenue, Suite 800
New York, New York 10001
If you need to access this Policy in an alternative format due to having a disability, please contact Privacy@emsonusa.com.
14. ENTIRE AGREEMENT
These Terms, our Website Privacy Policy, our Arbitration Agreement and, if applicable, our Privacy Policy for California Residents will be deemed the final and integrated agreement between you and us on the matters contained in therein.