TERMS AND CONDITIONS
Welcome to the Fine Jewels Website and thank you for shopping with us. This website is owned and operated by Fine Jewels ABN 12 031 597 028. Please take a few moments to read through and consider our Terms and Conditions.
These Terms and Conditions govern the use of the Fine Jewels website www.finejewels.com.au together with all related relevant domains (the “Website”) and detail your agreement with Fine Jewels whether as a visitor to the Website or a customer of ours (collectively referred to as “users”, “you”, “your”).
If you use the Website or purchase Items on behalf of another person or entity, you do so representing that you have the authority to also bind that entity or person to these Terms and Conditions.
If you do not agree with or understand these Terms and Conditions or do not have the authority to bind the entity you are representing to these Terms and Conditions, you must not continue to access the Website or purchase our Items.
Fine Jewels reserves the right to amend these Terms and Conditions without prior notice to you. Before each purchase please check for updates.
Should you have any concerns please contact us: email@example.com
1) Acknowledgement and acceptance of Terms and Conditions
(a) By your continued use of our Website, by subscribing to receive our communications and/or by your commission or purchase of the Items we sell (“Items”) via the Website you you accept these Terms and Conditions and acknowledge and agree that you are entering into a legally binding contract with Fine Jewels.
(b) The term of these Terms and Conditions shall commence at the time you access our Website, register as a subscriber to receive communications from us or purchase our Items online, and shall continue unless cancelled or terminated by either you or us in accordance with the provisions of these Terms and Conditions (the “Term”).
(c) You acknowledge that when you purchase Items via the Website, or subscribe to receive communications from us, you will be required to provide accurate personal and billing information and you agree to provide that information in full, complete and accurate form, as required by us.
2) Online Orders
(a) We may restrict the quantity of Items sold online, and in such instances will require that you contact us directly to place, confirm and arrange payment for your order.
(b) Occasionally certain Items may be out of stock or subject to long lead times. If estimated lead times are provided to you in such instances, these are approximations only and may be subject to change.
(c) Notwithstanding anything else in these Terms and Conditions, Fine Jewels reserves the right to decline or accept orders made through the Website.
(d) Some images on the Website may appear smaller or larger that the actual size due to defaults of photography techniques used. The colour, proportion and size of the represented item may vary although we have endeavoured to show the item as accurately as possible. This may change as we try to show the clarity and details of the item. Please contact us should you require any further information about a specific item.
(e) We provide a receipt on purchase but not a certified valuation. A certified valuation will be provided on request, at an additional charge.
(f) Orders over $3oo (Australia only) free postage.
3) Payment and Security
(a) All prices listed on the Website:
(i) are in Australian dollars unless otherwise specified
(ii) are fixed once your order has been confirmed, subject to payment being made at the time of purchase; and
(iii) may change, at our discretion, without notice.
(b) By purchasing Item/s online, you agree to provide the full payment for the Item/s through our online system at the time of your purchase.
(c) We accept payment for online purchases by direct deposit (Visa, MasterCard, American Express) or PayPal.
(d) Payments via PayPal are subject to PayPal’s Terms and Conditions (we are not responsible for any interruptions or delays in these services or facilities).
(e) You agree to use your Order ID as a reference when you pay by direct deposit. All other payments may be made by direct deposit into the following bank account:
(f) You agree to pay delivery charges as they are calculated and listed in the order confirmation form at the time of your purchase.
(g) Any communication from us acknowledging that we have received your order is for information purposes only and does not put Fine Jewels under any obligation to provide the Item/s ordered until such time as your relevant billing, delivery and personal information can be verified and approved, and payment has been received.
(h) Fine Jewels may from time to time, at its absolute discretion, agree in writing to accept payment of the Fee in arrears, in which case its agreement to do so shall in no way waive or vary its rights or your obligations under these Terms and Conditions.
(i) In the instance that Fine Jewels does accept part payment or payment in arrears, you agree that your Item/s purchase may be listed as pending, until such time as the relevant billing, delivery and personal information can be verified and approved, and payment has been received.
(j) You undertake and warrant that:
(i) all information you have provided for the purpose of purchasing the Item/s is correct and not misleading;
(ii) you are fully entitled to use the payment card or account used to pay for the your order;
(iii) you have sufficient funds in your payment card or account to cover the proposed payment;
(k) We use SSL (Secure Socket Layer), which encrypts all billing, card and personal information but make no warranties as to the reliability of the SSL system or its fitness for a particular purpose.
4) Availability and Delivery
(a) All orders are subject to availability. If the Item is in stock we will notify you of an estimated delivery date. Should the Item be out of stock we will be in touch with you and either offer you a replacement Item, a timeframe as to the requested Items availability or provide you with a refund for the unavailable Item.
(b) Delivery fees may vary depending on the delivery location, the size and the weight of the package being delivered.
(c) Orders will not be dispatched until full payment has been received.
(d) It is your responsibility to ensure that the correct delivery information is provided to Fine Jewels, and you must expressly notify Fine Jewels in writing of any specific requirements that may be associated with delivery of the Item/s.
(e) Whilst every effort is made to ensure your package is delivered on time, you acknowledge that delivery within the agreed timeframe may be impacted in certain circumstances. Please let us know if the package has not arrived and we will lodge an enquiry with our courier service.
(f) You acknowledge and agree that if you cancel or change delivery within a twenty-four hour period of the estimated delivery date, you may incur additional fees (equal to the original value of the delivery cost plus any other administrative or operational cost incurred by Fine Jewels as a result of the change or cancellation).
(g) You acknowledge and agree that you may be required to sign for delivery of the Item/s, unless you grant us authority to leave the Item at your delivery address when placing your order, in which case you agree that this authority gives us or and our nominated couriers permission to leave the order unattended by the front door of the delivery address, or as otherwise reasonably nominated by you when placing your order, and releases us and our couriers from all responsibility and liability relating to the delivery of your Item/s.
(h) If there is an error with delivery that is due to your error, act or omission, you will be responsible for re-shipping at your own cost and any other associated fees resulting from the error.
(i) You acknowledge and agree that we deliver to Metropolitan areas within Australia and in the event you place an order with us for a location not situated within the areas listed above, we will contact you and it will be your responsibility to arrange collection of your Item from a post office or alternative address situated within one the areas listed above.
(j) If Fine Jewels is, for any reason, unable to fulfil delivery within four weeks after placing your order, we will refund you the price of your order.
(k) You acknowledge and agree that upon delivery of the Item/s, all risk passes to you in relation to the Item/s, subject to the provisions of these Terms and Conditions.
5) Return Policy
(a) If there is a fault with your Item, please notify us within seven (7) days of receiving your Item. Fine Jewel’s may require specific information or assistance from you for the purpose of assessing or processing a return and you acknowledge that you will fully cooperate with us in this regard.
(b) Fine Jewels will not refund or credit an Item, which has been damaged as a result of any handling, use or misuse by you or the recipient/s of the Item.
(c) If Fine Jewels determines that any fault notified to us in accordance with (a) above is a result of a manufacturing, supply or other fault (other than a fault by you or the recipients of the Item), we will offer a repair or a replacement depending on the nature of the fault.
(d) If, when offering a replacement, we cannot provide an exact replacement, you may elect to receive a refund of the price of the faulty Item or choose an item of the same or similar value (with a refund by us or an additional payment by you if the total price of the Item and delivery is less than the original Item or more than the original Item respectively.)
(e) Please choose your Item carefully as Fine Jewels will only accept other returns at their sole discretion and only if the Item has not been used, is in its original packaging and the Item and the packaging are in their original condition. You will be responsible for returning the Item to Fine Jewels in its original condition.
PO Box 2313
6) Prohibited Conduct
(a) You acknowledge and agree that under no circumstances will you engage in any of the following conduct, all of which is strictly prohibited:
(i) purchasing or otherwise obtaining the Item/s for the purpose of reselling them, unless expressly approved by Fine Jewels in writing;
(ii) using the Items as samples for the purpose of developing, manufacturing or creating an Item that is substantially similar to the Item;
(iii) using the Website for any purpose outside the terms provided under these Terms and Conditions;
(iv) downloading, copying, recording, adapting, distributing or re-transmitting any or all of the Website:
(v) using any data-mining, tracking technology, robots, code or similar data gathering or extraction methods on any part of the Website;
(vi) infringing or breaching any applicable laws or regulations in using or accessing the Website;
(vii) using the Website for any other purpose other than its intended purpose, including, but not limited to using the Website or related materials for the purpose of competing with or displacing the market for Fine Jewels; and
(viii) using the Website or Item/s for any purpose reasonably considered objectionable by Fine Jewels, including, but not limited to, use of the Website for any obscene, discriminatory, abusive, violent, explicit, defamatory, vilifying, prejudicial, inaccurate, or otherwise inappropriate purpose; associating the Item/s with any material that contains any nudity, or any obscene, violent, harassing, explicit, defamatory, offensive, vilifying, prejudicial, inaccurate, inappropriate or other objectionable subject matter.
(b) If you become aware of misuse of the Website by any person, please contact Fine Jewels: firstname.lastname@example.org.
7) Intellectual Property
(a) All content featured or included on the Website, including images, text, graphics, logos, audio, video recordings (including their underlying works) and software are either the intellectual property of Fine Jewels, its licensors or associated third parties. All such materials are protected by national and international laws of copyright, trade mark, design, moral rights and similar laws related to the protection of intellectual property.
(b) You acknowledge and accept that use of the Website is limited to the specific, limited usage provided under these Terms and Conditions, which covers the appraisal and purchase of our jewellery range.
(c) No image, logo trade mark, Item or other copyright material belonging to Fine Jewels or featured on the Website, whether registered or unregistered may be used, reproduced or exploited in any way other than as expressly provided under these Terms and Conditions, without the prior express permission of Fine Jewels.
8) Force Majeure Event
(a) Notwithstanding anything else contained in these Terms and Conditions, Fine Jewels will not be liable for any delay in performing any of its obligations hereunder if such delay is caused by a Force Majeure Event subject to Fine Jewels promptly notifying you in writing of the reasons for the delay and the likely duration of the delay. The performance of Fine Jewels obligation will be suspended during the period that the said Force Majeure Event persists and an extension of time will be granted for performance equal to the period of delay.
(b) For the purposes of these Terms and Conditions a Force Majeure event means anything outside the reasonable control of a party, including, inter alia, an act of God; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; compliance with any law or governmental order, rule, regulation or direction; war; riot, civil commotion or insurrection; armed conflict or terrorist attack; strike; malicious damage; fire; flood; accident; explosion; fog; power failure; failure of utilities services; theft; storm; or breakdown of machinery
(a) In the instance that you breach or fail to uphold any provision of these Terms and Conditions, Fine Jewels reserves the right, in its sole discretion, to reject, refuse, restrict or terminate your access to all or any part of the Website at any time, with or without prior notice, and without liability.
(b) Without limitation to Fine Jewels general power of termination above, you acknowledge and agree that Fine Jewels may without notice, discontinue (temporarily or permanently) the Website or other services (or any part thereof), or terminate, revoke or otherwise limit your access to the Website at any time in the instance that:
(i) there is a discontinuance or material modification to the Fine Jewels Website or services;
(ii) there is an technical or security issue or problem;
(iii) you fail to provide reasonably required information or provide information that is incomplete, inaccurate or false;
(iv) you fail to make one or more payments for the purchased Item/s as and when payment falls due; or
(v) you are subject to an insolvency event such as winding up, dissolution, bankruptcy, arrangement, compromise with or assignment for the benefit of creditors, incapacity to pay debts as and when they fall due, appointment of a receiver and / or manager to any of its assets, or is otherwise insolvent within the meaning of the Corporations Act 2001 (Cth).
(a) TO THE FULLEST EXTENT PERMITTED AT LAW:
(i) THE FINE JEWELS WEBSITE, ITEMS AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS EXPRESSLY PROVIDED HEREUNDER, AND WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE;
(ii) WE MAKE NO WARRANTY THAT YOUR USE OF THE FINE JEWELS WEBSITE OR PURCHASE OF FINE JEWELS ITEMS WILL MEET YOUR REQUIREMENTS OR PRODUCE A SPECIFIC RESULT, AND WE MAKE NO WARRANTY AS TO THE COMPLETENESS, RELIABILITY OR AVAILABILITY OF ANY FINE JEWELS ITEM OR AS TO THE TIME OF DELIVERY OR AVAILABILITY OF ANY FINE JEWELS ITEM; AND
(iii) YOUR RELIANCE UPON THE WEBSITE IS SOLELY AT YOUR OWN RISK. FINE JEWELS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, RESULTING FROM USE OF THE WEBSITE, OR FROM THE CONDUCT OF ANY USERS OF THE WEBSITE WHETHER ONLINE OR OFFLINE.
(b) Content, or any other material or information created and posted by Fine Jewels or its users may contain links to other websites. Fine Jewels is not responsible for the content, materials or opinions expressed on such other websites. Inclusion of any linked website does not imply approval or endorsement of the linked website and Fine Jewels takes no responsibility for third party endorsements. When you access these third-party sites, you do so at your own risk.
(c) Fine Jewels assumes no responsibility for any error, omission, technical malfunction, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, the Website, including any injury or damage to users or their computers, mobile or other devices related to or resulting from use of the Website.
(d) The Website is controlled and offered by Fine Jewels from its facilities in Australia. Users who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
11) Limitations on Liability
(a) To the fullest extent permitted at law, in no event shall Fine Jewels, or any other person or entity involved in creating, developing or delivering the Website or their Items be liable to you or any third party for any damages (including without limitation lost profit, indirect, consequential, exemplary, incidental, special or punitive damages) arising from your use or inability to use the Website or Items purchased online, howsoever arising, even if Fine Jewels or any associated third parties associated with the Website has been advised of the possibility of such damages.
(b) Notwithstanding anything to the contrary contained herein, Fine Jewels liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to repair, replacement or a refund of the purchase price of a purchased Item only, if applicable.
To the fullest extent permitted at law, except where any loss, liability, claim or demand has been caused or contributed to by an unlawful or fraudulent act or omission by Fine Jewels or its assigns, you agree to indemnify and hold Fine Jewels and its assigns, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Website or the Item/s in violation of these Terms and Conditions and and/or any breach of your representations and warranties.
(b) Fine Jewels is able to and may:
(i) record personal information and non-personally identifiable information about your usage, including without limitation, your IP address, profile information, aggregate user data and browser type when you use the Website;
(ii) share information about your usage with third-parties only to the extent it is not personally identifiable; an
(iii) track and record information about Website traffic, Website usage, user activity and user preferences, from cookies and other tracking technologies.
(c) Fine Jewels collects and employs user information, without limitation:
(i) to provide users with access to all parts of the Website (ii) to enable users to access content on the Website (iii) to confirm order details and process payments (iv) to send updates, receipts, newsletters and communications regarding the services, Items and/or the Website; and (v) to analyse information received from cookies and tracking technologies to personalise content and information for users, provide the most relevant information, services and advertisements (if applicable) to users, administer, support and develop the Website and improve the services provided by Fine Jewels.
(d) Users may opt out of receiving communications from Fine Jewels at any time by changing their settings via a hyperlink in the footer of emails received from Fine Jewels, however you agree that by accessing the Website or purchasing Items online, Fine Jewels may still send you relevant payment, delivery or administrative notices from as necessary from time to time.
(e) Users may disable cookies via their browser preferences, if they do not wish to have browser activity tracked for the purposes detailed above. However users should be aware that disabling cookies may result in experiencing technical problems with some parts of the Website (for example with order or payment functionality) because some functions on the Website will require enabled cookies.
(f) By using the Website, you consent to our third party service providers, subsidiary websites, partners, licensees or suppliers having access to your information, including third parties outside Australia where necessary for the purposes of providing Fine Jewels with relevant services. The locations of overseas third parties are world wide.
(g) Except as otherwise described in this section, or with your permission, Fine Jewels will not disclose personal information to any third party unless it believes that disclosure is necessary:
(i) to perform the services provided by Fine Jewels;
(ii) to perform internal business functions;
(iii) to process orders and/or payments;
(iv) to collect and analyse information collected from cookies or other tracking technologies
(v) to conform to legal requirements or to respond to a legal process or order received by Fine Jewels, whether or not a response is required by applicable law;
(vi) to enforce these Terms and Conditions or for Fine Jewels to protect its rights; or
(vii) to protect the safety of users.
(h) Fine Jewels:
(i) takes all reasonable steps to protect personal information it holds from loss, unauthorised access, modification, disclosure or other misuse;
(ii) will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed;
(i) Fine Jewels reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of Fine Jewels or substantially all of its assets to that successor in interest.
(j) Users may view, modify or remove any of their personal information by contacting us and we will take reasonable steps to process requests for access to personal information that Fine Jewels holds within a reasonable time.
14) Contact Us
Please feel free to direct any questions concerns or complaints to email@example.com
Fine Jewels will contact you regarding your concerns and will cooperate with the appropriate regulatory authorities to resolve any complaints regarding your use of the Website, our Items, the Warranty provided hereunder or your personal information that cannot be resolved internally.
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