Terms of Sale

TERMS AND CONDITIONS FOR GOODS SOLD BY GUILD JEWELLERY DESIGN PTY. LTD. FROM GUILDJEWELLERY.COM.AU

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Guild jewellery Design Pty. Ltd (ACN 609 807 221) (“Guild jewellery Design Pty. Ltd.”) and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from guildjewellery.com.au. By placing an order for Goods from Guild jewellery Design Pty. Ltd. you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

1. DEFINITIONS

In these Terms and Conditions:

“Account” means a personal account created by you on the Website;

“Additional Delivery Charge” has the meaning given in Section 3.4;

“Delivery Charge” has the meaning given in Section 3.3;

“Delivery Options” means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery or same day delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option; “International Delivery Charges” has the meaning given in Section 3.5;

“Order” means an order for Goods, placed on the Website;

“Password” means the password needed to access your Account;

“Pre-Orders” means an Order placed for a product prior to the official release date of that product;

“Restricted Goods” means Goods which are only intended to be viewed, played, listened to or otherwise utilised by a person of at least a certain age;

“Selected Delivery Option” has the meaning given in Section 9.7; and

“Website” means guildjewellery.com.au.

2. YOUR LEGAL RIGHTS

Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that Guild jewellery Design Pty. Ltd. represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and 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 Australian Consumer Law) which cannot by law be excluded, restricted or modified.

3. PRICING & TAXES

3.1 Prices for Goods are as shown on the Website.

3.2 Guild jewellery Design Pty. Ltd. reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Guild jewellery Design Pty. Ltd.

3.3 In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.

3.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply Guild jewellery Design Pty. Ltd. will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, Guild jewellery Design Pty. Ltd. will cancel your Order. Guild jewellery Design Pty. Ltd. will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.

3.5 If Guild jewellery Design Pty. Ltd. agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart.

3.6 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.

3.7 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.

4. YOUR ACCOUNT

4.1 If you do not already have an Account you will need to create one before placing an Order.

4.2 You may not set up an Account for someone else.

4.3 Please ensure that you enter all information carefully when creating an Account. You warrant to Guild jewellery Design Pty. Ltd. that all information provided by you in relation to your Account is complete, true and accurate

4.4 You must notify Guild jewellery Design Pty. Ltd. immediately if you become aware of any actual or potential unauthorised use of your Password or Account.

4.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Guild jewellery Design Pty. Ltd. will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify Guild jewellery Design Pty. Ltd., whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

4.6 If Guild jewellery Design Pty. Ltd. suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify Guild jewellery Design Pty. Ltd. then you must pay Guild jewellery Design Pty. Ltd. the amount of that loss, damage, cost or expense if Guild jewellery Design Pty. Ltd. asks you to.

5. ORDERS

5.1 You can place an Order by following the instructions on the relevant Guild jewellery Design Pty. Ltd. website.

5.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. Guild jewellery Design Pty. Ltd. may accept or reject your offer in its absolute discretion. In particular, but without limitation, Guild jewellery Design Pty. Ltd. may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact dc@guildjewellery.com.au.

5.3 Each Order that you place will, if accepted by Guild jewellery Design Pty. Ltd., be a separate and binding agreement between you and Guild jewellery Design Pty. Ltd. with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

5.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing Guild jewellery Design Pty. Ltd. with their personal information and, by placing an Order, you confirm to Guild jewellery Design Pty. Ltd. that you have done this.

5.5 Please ensure that you enter all information carefully when placing an Order. You warrant to Guild jewellery Design Pty. Ltd. that all information provided by you in relation to each Order is complete, true and accurate.

5.6 Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Guild jewellery Design Pty. Ltd. Guild jewellery Design Pty. Ltd. will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

5.7 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Guild jewellery Design Pty. Ltd. will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Guild jewellery Design Pty. Ltd., whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

5.8 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. Guild jewellery Design Pty. Ltd. cannot consolidate separate Orders into one delivery.

5.9 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: where the goods are being dispatched from different locations. Please note that a Delivery Charge is calculated based on several factors including the Good’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery Option.

5.10 You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.

5.11 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.

5.12 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

5.13 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Guild jewellery Design Pty. Ltd. will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.11 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

6. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT

6.1 When you submit an Order you will receive an Order reference number via e-mail.

6.2 Guild jewellery Design Pty. Ltd. will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in clause 3.4). Your Order is deemed to be accepted by Guild jewellery Design Pty. Ltd. when Guild jewellery Design Pty. Ltd. does this, however Guild jewellery Design Pty. Ltd. may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that Guild jewellery Design Pty. Ltd. cancels your Order having already processed payment, it will refund payment in accordance with Section 13.1. This Section 6.2 does not apply for Pre-Orders which you are paying for by credit card.

6.3 If you are paying for a Pre-Order by credit card, Guild jewellery Design Pty. Ltd. will take payment for your Order immediately before dispatch of the Goods to you. Your Order is deemed to be accepted by Guild jewellery Design Pty. Ltd. when Guild jewellery Design Pty. Ltd. does this.

6.4 In the event that the price of a Pre-Order is permanently reduced between the time that payment is taken pursuant to Section 6.2 above and the time of the dispatch of the Pre-Order, the amount of the price reduction will be refunded to you. For PayPal account payment the time that it takes for the refund to take effect is likely to be between 1 and 10 days and will depend upon how quickly PayPal processes the cancellation.

6.5 When Guild jewellery Design Pty. Ltd. accepts an Order it represents an agreement by Guild jewellery Design Pty. Ltd. to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

6.6 You must pay for Goods by credit card (Visa or Mastercard), certain prepaid payment cards, PayPal account or by Guild jewellery Design Pty. Ltd. Gift Card. If the name on the credit card/payment card/account does not match the name on the Order, Guild jewellery Design Pty. Ltd. may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card you authorise Guild jewellery Design Pty. Ltd. to deduct the price and the applicable delivery charge(s) from such card.

6.7 Guild jewellery Design Pty. Ltd. reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

6.8 Guild jewellery Design Pty. Ltd. may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, Guild jewellery Design Pty. Ltd. reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.

6.9 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.

7. CANCELLATION OF ORDERS

7.1 Guild jewellery Design Pty. Ltd. reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Guild jewellery Design Pty. Ltd. may do this for example, but without limitation, where:

(a) Guild jewellery Design Pty. Ltd.’s suppliers are unable to supply Goods that they have previously promised to supply;

(b) an event beyond Guild jewellery Design Pty. Ltd.’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Guild jewellery Design Pty. Ltd. is unable to supply the Goods within a reasonable time;

(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

(d) You ask Guild jewellery Design Pty. Ltd. to cancel your Order in accordance with section 5.8; or

(e) In the circumstances set out in Sections 3.4 or 6.9.

7.2 You may cancel your Order where Guild jewellery Design Pty. Ltd.:

(a) Has breached a material term of this Agreement;

(b) is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; or (ii) which was outside Guild jewellery Design Pty. Ltd.’s control including the situations set out in Sections 7.1(a) and (b) above.

7.3 Where Guild jewellery Design Pty. Ltd. cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

7.4 In the event of Guild jewellery Design Pty. Ltd. or you cancelling your Order after payment has been processed, Guild jewellery Design Pty. Ltd. will refund any money paid in respect of that Order. Section 13 of these Terms and Conditions sets out further information about refunds.

7.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Guild jewellery Design Pty. Ltd. will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

8. AVAILABILITY OF GOODS

8.1 As Guild jewellery Design Pty. Ltd. is dependent upon its manufacturing team to provide stock, Guild jewellery Design Pty. Ltd. cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Guild jewellery Design Pty. Ltd. reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Guild jewellery Design Pty. Ltd. will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

9. DELIVERY

9.1 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

9.2 Goods will generally only be delivered to addresses within Australia. Guild jewellery Design Pty. Ltd. is unable to deliver to certain parts of Australia and where this is the case you will not be able to process your Order through the website. Guild jewellery Design Pty. Ltd. may, in its absolute discretion, agree to accept Orders for software products for delivery outside Australia but is under no obligation to do so.

9.3 Where requested, Guild jewellery Design Pty. Ltd. will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box or Postal Locker and you have input a PO Box or Postal Locker as the delivery address when placing your Order, Guild jewellery Design Pty. Ltd. will call you to arrange an alternative delivery address.

9.4 Following dispatch of your Goods, Guild jewellery Design Pty. Ltd. will email you with confirmation of dispatch and an invoice for your Order.

9.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either:

(a) take your Goods to our delivery service provider’s local depots;

(b) take your Goods to a Guild jewellery Design Pty. Ltd. nominated alternate delivery point that is close to your delivery address (e.g. pharmacy, petrol station, post office or newsagent); or

(c) re-deliver your Goods to your delivery address at a later date.

You will receive a text message and/or a calling card at your delivery address containing details of the local depot, alternate delivery point or contact details for you to arrange for re-delivery of your Goods. Please note that if you do not pick up your Goods from the nominated alternate delivery point within the period specified in the text message and/or calling card, your Goods will be taken to one of our delivery service provider’s local depots for you to pick up at your convenience.

9.6 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, Guild jewellery Design Pty. Ltd. will use reasonable endeavours to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this.

9.7 When you place an Order for Goods to be delivered, you will be required to select one of the available Delivery Options for your Order. An estimated delivery time will be listed for the Delivery Option that you select (“Selected Delivery Option”) for your Order. Guild jewellery Design Pty. Ltd. will use reasonable endeavours to deliver the Goods in your Order by the estimated delivery time for the Selected Delivery Option. If certain Goods in your Order are out of stock, the Selected Delivery Option will list different estimated delivery times for those out of stock Goods. Please note that the estimated delivery time for your Selected Delivery Option is an approximate delivery time only and is not a guaranteed delivery time for your Order.

9.8 Guild jewellery Design Pty. Ltd.’s arrangements with its suppliers means that Guild jewellery Design Pty. Ltd. is only permitted to dispatch online Pre-Orders no earlier than one day prior to the official release date of the Goods offered for Pre-Order. Goods ordered up to 7 days prior to the official release date are (unless otherwise advised) guaranteed to be despatched from our warehouse no later than one day prior to the official release date, and will be delivered to your designated delivery address within Australia in accordance with your Selected Delivery Option for those Goods. Goods ordered within 7 days prior to the official release date may not be despatched until after the official release date.

10. DELAY IN AVAILABILITY OR DELIVERY OF GOODS

10.1 You agree and acknowledge that:

(a) Guild jewellery Design Pty. Ltd. does not guarantee the dispatch or delivery or availability of Goods within the timeframes set out in Sections 9.7 - 9.8 or 10.3 above, estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your Order or any other timeframes otherwise specified by Guild jewellery Design Pty. Ltd. or any of its staff;

(b) stock availability and events outside Guild jewellery Design Pty. Ltd.’s control may cause delays, or in some circumstances, prevent your Goods from being delivered.

(c) delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and

(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither Guild jewellery Design Pty. Ltd. nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

 

11. REFUNDS OF YOUR MONEY

11.1 Where Guild jewellery Design Pty. Ltd. is obliged to refund your payment pursuant to these Terms and Conditions, Guild jewellery Design Pty. Ltd. aims to initiate your refund within 2 business days (Monday – Friday 9 a.m to 5 p.m Adelaide time). Please note that where Goods have been purchased using a Guild jewellery Design Pty. Ltd. gift card, the applicable refund will be processed back onto the Guild jewellery Design Pty. Ltd. gift card. The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund. Please note that if Guild jewellery Design Pty. Ltd. is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.

11.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Guild jewellery Design Pty. Ltd. will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

12. RETURNS/FAULTY OR DAMAGED GOODS

12.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact Guild jewellery Design Pty. Ltd. on https://www.guildjewellery.com.au/contact-us/ as soon as possible.

12.2 If you have a problem with any Goods or otherwise wish to return them please refer to Guild jewellery Design Pty. Ltd.’s Returns Policy which forms part of these Terms and Conditions. Please note that, in addition to contacting the manufacturer or any Guild jewellery Design Pty. Ltd. store, you can also contact us on https://www.guildjewellery.com.au/contact-us/.

12.3 When returning Goods:

(a) please provide Guild jewellery Design Pty. Ltd. with your proof of purchase;

(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase.

Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.

12.4 You may not be entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.

13. MORE INFORMATION ABOUT GUILD JEWELLERY DESIGN PTY. LTD.’S LIABILITY TO YOU

13.1 To the full extent permitted at law, Guild jewellery Design Pty. Ltd. is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.

14. PRIVACY

14.1 Guild jewellery Design Pty. Ltd. policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions

15. ADDITIONAL TERMS AND CONDITIONS

15.1 Your use of the Website is governed by the Website Terms of Use

16. GENERAL

16.1 Guild jewellery Design Pty. Ltd. reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

16.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

16.3 These Terms and Conditions are governed by the laws of South Australia, Australia.