Terms & Conditions

Welcome to Empyrean. These Terms & Conditions (“Terms”) govern your access to and use of the Empyrean website, products, services, content, and any future offerings made available by Empyrean (“Empyrean”, “we”, “our”, “us”).

By accessing our website, placing an order, purchasing a product, creating an account, subscribing to communications, or otherwise interacting with Empyrean, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

If you do not agree to these Terms, you must not use our website or services.

1. Eligibility

You must have the legal capacity to enter into a binding agreement in your jurisdiction to use this website and place orders.

By using the website, you represent that you are legally permitted to enter into this agreement.

2. Products and Services

Empyrean currently offers physical products and may, now or in the future, offer:

• Physical goods
• Digital products
• Software
• Applications
• Memberships
• Subscription services
• Educational content
• Consulting services
• Other products and services

These Terms apply to all current and future offerings unless separate terms are expressly provided.

3. Product Information

We strive to provide accurate product descriptions, specifications, photographs, pricing, and information.

However, product images, colours, finishes, packaging, dimensions, materials, specifications, and appearance may vary due to:

• Manufacturing tolerances
• Product improvements
• Supplier changes
• Lighting conditions
• Display settings
• Photography differences
• Packaging updates

Such variations do not constitute defects.

4. Orders

All orders are subject to acceptance and availability.

Submission of an order does not guarantee acceptance.

Empyrean reserves the right to cancel orders where necessary, including but not limited to:

• Fraud concerns
• Payment verification issues
• Inventory shortages
• Technical errors
• Shipping restrictions
• Legal compliance requirements

5. Pricing

Prices displayed on the website are subject to change at any time without notice.

Price changes do not affect orders already completed and paid for.

Customers are responsible for reviewing prices before purchase.

6. Payments

Payments are processed through third-party payment providers.

By making a purchase, you agree to the terms and conditions of the applicable payment processor.

Empyrean does not store full payment card information.

7. Shipping

Shipping times are estimates only.

Empyrean is not responsible for delays caused by:

• Carriers
• Customs authorities
• Weather events
• Government actions
• Strikes
• Supply chain disruptions
• Force majeure events
• Other circumstances beyond our reasonable control

Shipping availability may vary by region.

Empyrean reserves the right to limit, suspend, or discontinue shipping to any destination at any time.

8. Delivery

Risk associated with delivery transfers in accordance with applicable law.

Customers are responsible for providing accurate delivery information.

Empyrean is not responsible for losses resulting from:

• Incorrect addresses
• Incomplete addresses
• Customer errors
• Delivery instructions provided by customers

Any additional costs arising from incorrect information shall be borne by the customer.

9. Lost Packages

Empyrean uses reputable shipping providers and takes reasonable steps to ensure successful delivery.

To the maximum extent permitted by law, Empyrean shall not be liable for packages lost during transit or after delivery.

Nothing in this section excludes rights that cannot legally be excluded under applicable law.

10. Delivered Packages

Where a shipment is marked as delivered by the carrier, Empyrean shall not be responsible for theft, loss, or non-receipt occurring after delivery confirmation.

Customers are encouraged to provide secure delivery locations.

11. Returns, Refunds and Replacements

Empyrean does not offer refunds or returns for:

• Change of mind
• Incorrect purchases
• Buyer remorse
• Preference-based decisions

Refunds or replacements may be considered solely for products that arrive defective or faulty.

12. Claim Requirements

Damage or defect claims must be submitted within five (5) days of confirmed delivery.

Claims must include:

1. A written description of the issue.
2. Clear photographs of the issue.
3. A clear video demonstrating the issue.

Failure to provide all required evidence may result in denial of the claim.

Claims may also be denied where there is evidence of:

• Misuse
• Excessive wear
• Unauthorized modification
• Improper handling
• Negligence
• Accidental damage
• Extended use

13. Refund and Replacement Decisions

Empyrean reserves sole discretion to determine whether a claim will result in:

• A refund
• A replacement
• A denial of the claim

The decision may take into account product value, circumstances, evidence quality, and other relevant factors.

14. Return Shipping

For approved claims:

• Products with a raw product value below USD $50 may have return shipping covered by Empyrean.
• Products with a raw product value of USD $50 or greater require the customer to pay return shipping costs.

Empyrean reserves the right to determine whether physical return of a product is required.

15. Non-Refundable Charges

Shipping costs are non-refundable.

Customs charges, taxes, duties, brokerage fees, and similar expenses are non-refundable unless required by law.

16. Refused Deliveries

Customers remain responsible for all costs arising from:

• Refused deliveries
• Unclaimed packages
• Failed deliveries
• Returned shipments
• Incorrect addresses

Such costs may include return shipping, storage fees, reshipping fees, customs charges, and administrative costs.

17. Product Use

All products are used at the customer’s own risk.

Customers are responsible for using products appropriately and safely.

Empyrean is not liable for losses resulting from:

• Misuse
• Improper use
• Negligence
• Unauthorized modification
• Failure to follow instructions
• Use outside intended purposes

18. Future Product Instructions

Certain products may include safety warnings, maintenance requirements, care instructions, or usage guidelines.

Customers are responsible for reviewing and following such information.

Failure to do so may affect eligibility for claims.

19. Intellectual Property

All content associated with Empyrean remains the exclusive property of Empyrean.

This includes:

• Logos
• Branding
• Product names
• Product photographs
• Product videos
• Website content
• Graphics
• Packaging
• Text
• Designs
• Software
• Marketing materials

No rights are granted except as expressly stated.

20. Restrictions

You may not:

• Copy content
• Reproduce products
• Create knockoffs
• Reverse engineer products
• Use Empyrean branding
• Misrepresent affiliation with Empyrean
• Exploit our intellectual property

without prior written authorization.

21. Reviews and User Content

If you submit:

• Reviews
• Testimonials
• Photographs
• Videos
• Social media content

you grant Empyrean a worldwide, royalty-free, perpetual license to use, display, modify, reproduce, publish, and distribute such content for business and marketing purposes.

22. Promotions

Empyrean may offer promotions, discounts, loyalty programs, referral programs, bundles, gift cards, or similar incentives.

We reserve the right to modify or discontinue promotions at any time.

23. Promotion Abuse

Abuse of promotions may result in:

• Cancellation of benefits
• Removal of rewards
• Cancellation of orders
• Suspension of accounts
• Prohibition from future purchases

24. Future Accounts

Customer accounts may be introduced in the future.

If accounts are introduced, users are responsible for maintaining account security.

Empyrean may suspend or terminate accounts for violations of these Terms.

25. Marketing Communications

Customers may receive promotional communications where legally permitted.

Customers may unsubscribe at any time.

26. Website Conduct

Users may not:

• Engage in fraud
• Submit false information
• Post malicious content
• Disrupt services
• Interfere with operations
• Attempt unauthorized access

Empyrean reserves the right to restrict access and pursue legal remedies where appropriate.

27. Automated Access

Use of bots, crawlers, scrapers, AI agents, automated purchasing tools, or similar technologies is prohibited without prior written authorization.

28. Chargebacks

Customers are encouraged to contact Empyrean before initiating payment disputes.

Customers who initiate chargebacks may be prohibited from future purchases.

29. False Claims

Claims supported by false, misleading, manipulated, altered, or fraudulent evidence may be denied.

30. Limitation of Liability

To the maximum extent permitted by law, Empyrean shall not be liable for:

• Indirect damages
• Consequential damages
• Lost profits
• Business interruption
• Loss of opportunity
• Data loss
• Special damages
• Punitive damages

31. Indemnification

You agree to indemnify and hold harmless Empyrean from claims, damages, losses, liabilities, costs, and expenses arising from:

• Your use of the website
• Violation of these Terms
• Misuse of products
• Violation of laws
• Infringement of third-party rights

32. Force Majeure

Empyrean shall not be liable for delays or failures caused by events beyond reasonable control including:

• Natural disasters
• Severe weather
• Pandemics
• Government actions
• Customs delays
• Carrier failures
• Supplier failures
• Cyberattacks
• Power outages
• Wars
• Labour disputes

33. Changes to Terms

Empyrean may modify these Terms.

Updated Terms will be publicly displayed for at least twenty-four (24) hours before taking effect.

Continued use of the website constitutes acceptance of revised Terms.

34. Dispute Resolution

Customers agree to contact Empyrean through the website contact form before initiating legal proceedings.

This allows an opportunity to investigate and resolve concerns.

35. Governing Law

These Terms shall be governed by and interpreted under the laws of New Zealand.

Mandatory consumer rights that cannot legally be excluded remain unaffected.

36. Severability

If any provision is found invalid or unenforceable, remaining provisions shall remain in full force and effect.

37. No Waiver

Failure by Empyrean to enforce any provision shall not constitute a waiver of that provision or any other rights.

38. Entire Agreement

These Terms constitute the entire agreement between you and Empyrean regarding use of the website and services.

39. Contact

All enquiries, claims, disputes, legal notices, and customer support requests must be submitted through the website contact form.

By using the website, purchasing products, or accessing any services, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.