Customer Account Terms & Shipping Policy

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Customer Account Terms

 

If you visit or shop within this website, you accept these terms and conditions. Please read them

carefully.

Terms and Conditions of Sale

The buyer agrees to and accepts Jewellery For Me Terms and Conditions of Sale.

 

Membership Account

As a user of this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Product Specification

All specifications, pictures, and particulars of weights and dimensions submitted to the buyer are approximate only and any deviation from any of these things does not vitiate any contract with the seller or form grounds for any claim against the seller.

Risk of Loss

The seller is not liable for any loss, damage or delay occasioned to the buyer or its customers arising from late or non-delivery of the goods.

 

Shipping Policy

If you visit or shop within this website, you accept these terms and conditions. Please read them

carefully.

         1.    Terms and Conditions of Sale - The buyer agrees to and accepts Jewellery For Me

Terms and Conditions of Sale.

 2.      Goods are sent as soon as possible after an order is received and full payment is cleared. This is usually one to three days.

 3.      Goods are sent by Australia Post or any such courier that Jewellery For Me may nominate.

 4.     We currently do not charge postage in Australia.   Postage costs for Countries and Zones outside Australia will be charged on weight and postage costs will be emailed separately.

1.                      Interpretation

In these conditions:

(a)      `Seller' means Leo Group Pty. Ltd. Trading as Jewellery For Me

A.B.N.  36 105 563 166

of  PO Box 430, Rosebud Victoria, 3939  which is the seller of the goods.

(b)     `Buyer' means the buyer of the goods.

(c)      `Goods' means the products and, if any, services from time to time.

(d)     Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.

2.                      General

These conditions (which shall only be waived in writing signed by the seller) prevail over all conditions of the buyer's order to the extent of any inconsistency.

3.                      Terms of sale

The goods and all other products sold by the seller are sold on these terms and conditions.

4.                      Seller's quotations

Unless previously withdrawn, seller's quotations are open for acceptance within the period stated in them or, when no period is so stated, within 30 days only after its date. The seller reserves the right to refuse any order based on this quotation within 7 days after the receipt of the order.

5.                      Packing

The cost of any special packing and packing materials used in relation to the goods are at the buyer's expense.

6.                      Shortage

The buyer waives any claim for shortage of any goods delivered if a claim in respect for short delivery has not been lodged with seller within seven (7) days from the date of receipt of goods by the buyer.

7.                      Images, Specifications etc.

(a)      All specifications, images, pictures, and particulars of weights and dimensions submitted to the buyer are approximate only and any deviation from any of these things does not vitiate any contract with the seller or form grounds for any claim against the seller.

(b)     Except as referred to in Clause 13.1 herein, the descriptions and  illustrations contained in catalogues, price lists and other advertising matter do not form part of the contract of sale of the goods or of the description applied to the goods.

(c)      Where specifications, pictures or other particulars are supplied by the buyer, the seller’s price is made on estimates of quantities required. If there are any adjustments in quantities above or below the quantities estimated by seller, then any such increase or decrease are to be adjusted on a unit rate basis according to unit prices set out in the current price list.

8.                      Copyright

All content included on this site such as, but not limited to images, graphics, digital downloads and text is the property of Jewellery For Me and its content suppliers.

9.  Acknowledgment regarding facilities for repairs or parts

The buyer acknowledges that the seller does not promise or represent that facilities for the repair of the goods, or that parts of the goods are or will be available.

10.       Delivery

(a)      The delivery times made known to the buyer are estimates only and the seller is not be liable for late delivery or non-delivery.

(b)     The seller is not liable for any loss, damage or delay occasioned to the buyer or its customers arising from late or non-delivery of the goods.

(c)      The seller may at its option deliver the goods to the buyer in any number of instalments unless there is an agreement in writing between the parties to the effect that the buyer will not take delivery by instalments.

(d)     If the seller delivers any of the goods by instalments, and any one of those instalments is defective for any reason:

(i)      it is not a repudiation of the contract of sale formed by these conditions; and

(ii)    the defective instalment is a severable breach that gives rise only to a claim for compensation.

11.    Passing of risk

Risk in the goods passes to the buyer upon the earlier of:

(a)      actual or constructive delivery of the goods to the buyer; or

(b)     collection of the goods from the seller or any bailee or agent of the seller by the buyer's agent, carrier or courier.

12.  Loss or damage in transit

(a)      The seller is not responsible to the buyer or any person claiming through the buyer for any loss or damage to goods in transit caused by any event of any kind by any person (whether or not the seller is legally responsible for the person who caused or contributed to that loss or damage).

(b)     The seller must provide the buyer with such assistance as may be necessary to press claims on carriers so long as the buyer:

 

(i)      has notified the seller and the carriers in writing immediately after loss or damage is discovered on receipt of goods; and

(ii)    lodges a claim for compensation on the carrier within three (3) days of the date of receipt of the goods.

13.                   Guarantee

13.1  The seller's liability for goods is limited to making good any defects by repairing the defects or at the seller's option by replacement, within a period as specified in Seller's catalogues or other product literature for specified cases or not exceeding one (1) calendar month after the goods have been dispatched (whichever is the lesser period) so long as:

(a)      defects have arisen solely from faulty materials or workmanship;

(b)     the damage does not arise from:

(i)      improper adjustment by the buyer;

(ii)    any modifications of the goods which were not authorised in writing by the seller;

(iii)   any misuse of the goods by the buyer or anyone for whom the buyer has legal responsibility (including a minor);

(iv)   inadequate or improper maintenance of the goods.

(ix)  fair  wear and tear of the product in an environment in respect of which the Seller has informed the Buyer in catalogues or other product literature that the period of usefulness of the product is likely to be shorter that twelve 12 months.

(c)      the goods have not received maltreatment, inattention or interference;

(d)     accessories of any kind used by the buyer are manufactured by or approved by the seller; and

(e)      the defective parts are promptly returned free of cost to the seller.

13.2  The seller is not liable for and the buyer releases the seller from any claims in respect of faulty or defective design of any goods supplied unless such design has been wholly prepared by the seller and the responsibility for any claim has been specifically accepted by the seller in writing. In any event the seller’s liability under this paragraph is limited strictly to the replacement of defective parts in accordance with para 13.1 of these conditions.

13.3  Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, materials or workmanship or otherwise are expressly excluded. The seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, assembly or use of the goods or arising out of the seller’s negligence or in any way whatsoever.

14.       Seller's liability

14.1  The seller's liability for a breach of a condition or warranty implied by Div 2 of Pt V of the Trade Practices Act 1974 (other than s 69) is limited to:

(a)      in the case of goods, any one or more of the following:

(i)      the replacement of the goods or the supply of equivalent goods;

(ii)    the repair of the goods;

(iii)   the payment of the cost of replacing the goods or of acquiring equivalent goods;

(iv)   the payment of the cost of having the goods repaired.

14.2  The seller's liability under s 74H of the Trade Practices Act 1975 is expressly limited to a liability to pay to the purchaser an amount equal to:

(a)      the cost of replacing the goods;

(b)     the cost of obtaining equivalent goods; or

(c)      the cost of having the goods repaired, whichever is the lowest amount.

15.      Prices

(a)      Unless otherwise stated all prices quoted by vendor are net, exclusive of Goods and Services Tax (GST) and the buyer agrees to pay to the seller any GST in addition to the price.

(b)     Prices quoted are those ruling at the current date and are based on rates of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, the quotation, cost of materials, wages and other charges.  The prices listed are subject to change at any time without notice.

16.   Payment

Payment can be made at the site and can be by credit card (Visa or Mastercard) and also PayPal, or by bank transfer (please contact us for bank details).  The purchase price in relation to goods is payable in accordance with the schedule of payments agreed (refer to the site for prices) between the buyer and the seller and in default of any such agreement is payable by the buyer to the seller in full immediately upon notice by the seller that the goods are ready for delivery.

 

 

17.  Rights in relation to goods    (Romalpa clause)

The seller reserves the following rights in relation to the goods until all accounts owed by the buyer to the seller are fully paid:

(a)      ownership of the goods;

(b)     to enter the buyer's premises (or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage and retake possession of the goods; and

(c)      to keep or resell the goods including any goods repossessed pursuant to 17(b) above;

If the goods are resold, or goods manufactured using the goods are sold, by the buyer, the buyer shall hold such part of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture of the goods sold in a separate identifiable account as the beneficial property of the seller and shall pay such amount to the seller upon request.  Notwithstanding the provisions above the seller shall be entitled to maintain an action against the buyer for the purchase price and the risk of the goods shall pass to the buyer upon delivery.

18.                   Buyer's property

Any property of the buyer under the seller’s possession, custody or control is completely at the buyer’s risk as regards loss or damage caused to the property or by it.

19.                   Storage

The seller reserves the right to make a reasonable charge for storage if delivery instructions are not provided by the buyer within fourteen days of a request by the seller for such instructions. The parties agree that the seller may charge for storage from the first day after the seller requests the buyer to provide delivery instructions.

20.                   Returned goods

(a)      The seller will not be under any duty to accept goods returned by the buyer and will do so only on terms to be agreed in writing in each individual case.

(b)     If the seller agrees to accept returned goods from the buyer under para (a) of this clause, the buyer must return the goods to the seller at the seller’s place of business referred to at the head of these conditions.

21.                   Goods sold

All goods to be supplied by the seller to the buyer are as described on the website agreed by the seller and the buyer and the description on such order modified as so agreed prevails over all other descriptions including any specification or enquiry of the buyer.

22.                   Cancellation

No order may be cancelled except with consent in writing and on terms which will indemnify the seller against all losses.

23.                   Indemnity

The buyer indemnifies on a continuing basis on a fully indemnity basis the seller from and against any liability, loss, expense or demand for or arising from any false, misleading, deceptive or misdescriptive representation or statement made by the buyer in respect of the goods to any person.  This indemnity survives termination of this agreement by either part for any reason.

24.   Exclusion of representations and arrangements

Except as referred to in Clause 13.1 herein, these terms and conditions supersede and exclude all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply of the goods or any part of the goods including, but without limiting the generality of the foregoing, those relating to the performance of the goods or any part of the goods or the results that ought to be expected from using the goods.

25. No waiver

The failure of any part to enforce the provisions of this agreement or to exercise any rights expressed in this agreement is not to be a waiver of such provisions or rights and does not affect the enforcement of this agreement.

26.  Force Majeure

If by reason of any fact, circumstance, matter or thing beyond the reasonable control of the seller, the seller is unable to perform in whole or in part any obligation under this agreement the seller is relieved of that obligation under this agreement to the extent and for the period that it is so unable to perform and is not liable to the buyer in respect of such inability.

27.   Buyer Acknowledgement

The Buyer acknowledges that the above provisions of these Conditions of Sale are reasonable and reflected in the price and the Buyer accepts the risks of the Buyer associated with these Conditions of sale and/or shall issue accordingly

28.  Electronic Communications

The buyer agrees to receive communications from the seller electronically.  The buyer will communicate with the seller electronically by e-mail or by posting notices on the site.  The buyer agrees that all agreements, notices, disclosures and other communications that the buyer provides to the seller electronically will satisfy any legal requirement.

29.      Place of contract

(a)      The contract for sale of the goods is made in the state of Victoria Australia.

(b)     The parties submit all disputes arising between them to the courts of such state and any court competent to hear appeals from those courts of first instance.