These terms and conditions apply to the visiting and use of www.autorepearls.com.au (the “Site”) including the purchase of goods and services. It is a condition to the use or visiting of www.autorepearls.com.au that you are bound by these terms and conditions which operate in conjunction with other applicable terms and conditions governing the use of the Site.
These terms and conditions and any other related rules (collectively the “Conditions of Sale and Use” or “T&C’s”) adopted by Autore Pearls Pty Ltd (“Autore Pearls”, “we”, “us” or “our”) shall apply to any visit and or use of the Site and any and all sales of products that you (the “Customer” or Site visitor) may order or effect from the Site (www.autorepearls.com.au ) or by phone (+61 2 9285 2222) via ‘Autore Pearls’ Customer Service department.
www.autorepearls.com.au is owned and operated by Autore Pearls Pty Limited and “Autore Pearls” is a registered trading name of Autore Pearls Pty Ltd. References to “us” or “we” or “our” are references to Autore Pearls Pty Ltd and/or its related bodies corporate which form The Autore Group (of Companies).
THE AUTORE 5S’s™ SOUTH SEA PEARL CLASSIFICATION GUIDE
The Autore 5 S’s™ South Sea Pearl Classification Guide has been developed by us and is used by us to grade our pearls and to provide accurate pearl product descriptions. We make every effort to ensure that each pearl photograph on www.autorepearls.com.au accurately represents a particular pearl type in size and colour. Because each pearl is a product of nature, it is unique. Each is different and each will vary slightly (and yet still comply with or remain within the parameters of the Autore 5 S’s™ South Sea Pearl Classification Guide) from the image or description provided on the Site.
Please carefully read and familiarise yourself with these T&C’s before placing any orders on www.autorepearls.com.au . We recommend you keep a copy of the T&C’s for future reference and for your personal record-keeping.
We reserve the right to modify the T&C’s from time to time and without notice. Amendments will be effective immediately upon their posting on the Site. Use by you of the Site following the posting of an amendment will constitute acceptance of and agreement to be bound by the T&Cs as amended. Changes or amendments made after you have placed an order will not affect that order unless the change(s) is or are otherwise required by law to be made or effected.
www.autorepearls.com.au provides access to users for the purchase of items online (the “Service”). You are responsible for obtaining access to the Site and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to enable you to access the Site.
Only individuals (and not legal entities) who are atleast 18 years of age and who have legal capacity to enter into contracts and have a shipping or delivery address in Australia or in one of the countries listed within the section below headed INTERNATIONAL ORDERS may transact on the Site or via a transaction negotiated directly by telephone or email with our Customer Service team.
In order to make purchases on the Site, you will be required to provide your personal details. In particular, you must provide your real name, current phone number, e-mail address and other requested information. You will be required to provide payment details that you represent and warrant are valid and correct at the time they are provided and you confirm that you are the person referred to in any billing or invoicing information provided to us by you.
We may provide you with an account login (including a username and password) to verify your identity when you use the Site and you acknowledge and agree that you must ensure that your account details are complete and accurate when submitted to us; that the information that you give or have given is true and correct; that you agree to keep your account details up to date; and you agree not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
Any username and or password allocated to or used on the Site by you is personal to you and you must keep the details and matters secure and confidential and not disclose them knowingly or negligently to anybody AND, with these restrictions and requirements in mind, you agree that you are solely responsible for any use of the Site by any person using your username and password (including any purchases made via the use of those details on the Site); that you release and indemnify us in relation to any claims, loss, liability arising out of the or any unauthorised use of your username or password (including any failure to keep your username or password secure and confidential; and, finally, you agree to notify us immediately by email (to [email protected]
) if you become aware of any unauthorised use of your account or any other breach of security relating to your use of the Site.
By making an offer to purchase merchandise, you expressly authorise us to perform or have performed security checks and, where or when we consider it necessary or prudent to do so, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports to authenticate your identity; to validate your credit/debit card; to obtain an initial credit/debit card authorisation; and/or to authorise individual purchase transactions.
In addition to the above, you agree that we may use Personal Information and or Personal Financial Information provided by you in order to conduct appropriate anti-fraud checks. Personal Financial Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
You may be able to make Submissions to us from time to time including by using any relevant feedback or review functionality on the Site. With respect to any such Submissions, you agree and confirm that each Submission made by you is your original work; does not infringe the Intellectual Property Rights of any person or entity; and is not to be treated as confidential and, furthermore, that we have no obligation to treat it as such. Ownership of all Intellectual Property Rights subsisting in each Submission vests in us upon its creation and conveyance to the Site by you AND, if for any reason or because of or as a consequence of any other matter, such ownership does not vest in us in accordance with the matters stated already, by making any Submission you irrevocably assign to us without charge or limitation all Intellectual Property Rights subsisting in each Submission made by you and by reference to any and all applicable laws, you give us complete and real consent to use any Submission made by you; to make any modification or amendment of or to the style, format, colour, content or layout of it; and to copy, reproduce, publish, adapt or display it with or without amendment without us being required to attribute authorship and without such act being an infringement of your Moral Rights.
You must not create any hyperlink, hotlink, inline link or similar (each a “hyperlink”) to the Site (or any file located or accessible on or from the Site) or embed any page of (or content on) the Site on another website without our prior written permission in each instance. Any unauthorised hyperlink creation or embedding is done at your risk and you will be responsible for any and all losses whether direct or indirect that we may suffer as a result of such act or action and you agree to indemnify us against all claims arising from or in connection with that hyperlink or embedding.
We recognise the trust you are placing in us through your dealings with us. We will do everything we can to maintain that trust. Our Customer Service team are employed on the basis that they will act reasonably to protect information about you. Under law, your rights to privacy are also protected. The National Privacy Principles, the Privacy Act 1988 and general law impose strict requirements on us to treat certain information collected as confidential.
We advise that Autore Pearls Pty Ltd, Pearlautore International Pty Ltd, Autore Group Pty Ltd, Autore Pearling Pty Ltd and Autore Holdings Pty Ltd and their related bodies corporate are all members of an organisational group of companies (i.e. The Autore Group) whose principal business and concern is the production, marketing and sale of South Sea pearls and South Sea pearl and associated jewellery.
By providing your details to us, we confirm that you consent to any of the above-named organisations disclosing personal information about you for the purposes of direct marketing by any members of the above ‘organisational group’.
At any time, you may request not to receive direct marketing or communications from any member of this organisational group by contacting our Customer Service team or clicking the relevant link in the footer of all marketing communications.
ORDERS AND ORDER CONFIRMATION
To purchase a product on www.autorepearls.com.au, you must place an order via an ecommerce facility (including PayPal) in accordance with these T&C’s and any further or additional instruction provided or requirement imposed by us.
To submit and confirm an order you must select the “Submit Order” option. Your order will then be submitted to us for processing. No submitted order will be deemed accepted by us until we have sent you an order acceptance confirmation email. Once submitted by you, you are not authorised or entitled to change or cancel it except as expressly provided for in these T&C’s or as required by or allowed for by any applicable Australian law.
All products available for purchase on www.autorepearls.com.au are for personal use only and are not for commercial use or for resale or resupply. If we suspect that your purpose is for resale or resupply, we may refuse to accept or we may cancel your order(s) for product. If you wish to purchase products for commercial purposes or you wish to be a stockist of our products, please contact us directly.
It is a condition of submitting an order on the Site that you accept and agree to be bound by our returns and refund policy.
While guidelines are provided for ring and bracelet sizing, variations exist between different sizing methods and standards and we cannot be held responsible for such variations.
All orders are subject to acceptance and availability. Wherever possible, Autore Pearls offers products for sale that are in stock and available for despatch. From time to time, however, products may not be available. If an item is listed as out of stock, please notify us and we can advise you as to when it will be re-stocked and an order can be placed or changed or cancelled or you may choose to request us to provide you with notification of the restocking of the subject stock item.
Should you have any queries, questions or concerns regarding our products and or your proposed or submitted order, please do not hesitate to contact our Customer Service department by email ([email protected]
) or by telephone (+61 2 9285 2222) during normal business hours (i.e. Monday to Friday between 8.30am and 5.30pm AEST).
Please note that we systematically record all transactional details between us and our customers. In the event of a dispute relating to a transaction conducted on or via the Site, the details recorded by us will, in the absence of manifest error on our part, constitute cogent and binding evidence of the transaction.
You should carefully check and confirm all details on the payment page before placing your order. In the case of an order being placed through and with a member of our Customer Service team, the team member will verbally ask you to confirm the details of your order.
ORDERS WITHIN AUSTRALIA
www.autorepearls.com.au may be used to order product online for delivery within Australia. Orders may also be made and submitted by contacting a member of our Customer Service team directly by telephone (+61 2 9285 2222) during normal business hours (i.e. Monday to Friday between 8.30am and 5.30pm AEST).
We accept orders from most countries other than Australia, however unfortunately we cannot deliver orders to the following locations:
- Central African Republic
- Equatorial Guinea
- Guinea Bissau
- Johnston Island
- Mayotte Island
- North Korea
- Republic of Turkmenistan
- Saint Pierre Et Miquelon
- Sao Tome & Principe
- Sierra Leone
- Solomon Islands
- St. Helena
- Tokelau Islands
- Wake Islands
www.autorepearls.com.au may be used for orders online for delivery excluding the above-listed countries. Orders may be additionally placed by contacting our Customer Service team by email ([email protected]
) or by telephoning the team on +61 2 9285 2222 during normal business hours (i.e. Monday to Friday between 8.30am to 5.30pm AEST).
ORDER ACCEPTANCE, CANCELLATION OR REJECTION
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order and allocating an order number to it.
Because orders are subject to availability, we may reject or cancel any order due to unavailability of stock. If for any reason a stock item is unavailable, we will endeavour to notify you of the non-availability on the Site. We are entitled to revise the range of stock items or the specification of any stock item at any time without notice to you.
If a stock item ordered by you is listed on the Site at or with an incorrect price or with incorrect information or specification(s), we reserve the right to reject or cancel your order (regardless of whether you have made payment for that order) and you agree that we have no obligation to sell online any stock item where that item is listed with an incorrect price or incorrect product information. Should payment already have been made for the subject order or item, we will refund the full amount paid by you with respect to that order or item.
We may vary any prices on the Site at any time without notice to you.
You may cancel your order at any time prior to the time that we send our confirmation of acceptance of your order, whatever form that confirmation takes. Ordinarily, once we have sent you confirmation of acceptance of your order, you may not cancel your order. We may consider any such request but the decision to accept your cancellation request is subject to our absolute discretion.
Unless you cancel your order in accordance with these T&C’s, acceptance of your order and completion of the contract between you and us will crystallise when we email you to confirm the goods have been or are about to be despatched. The sale contract is therefore concluded in Sydney, New South Wales, Australia and the language of the contract is English. The governing law with respect to these T&C’s and the transactions effected via the Site and any disputes concerning same are the laws in place from time to time in the State of New South Wales, Australia.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment; that shipping restrictions apply to a particular item; that the item ordered is out of stock or does not satisfy or comply with our quality control standards and is withdrawn; or that you do not meet the eligibility criteria set out within these T&C’s.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole and absolute discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site (whether or not that merchandise has been sold or whether we have removed, screened or edited any stock items, materials or content on the Site), or due to us refusing to process a transaction or refusing to unwind or suspend or reverse any transaction after processing of it has begun.
All products remain the property of Autore Pearls Pty Ltd until full payment for your order is received by us. Upon full payment being received by us, title in the goods will pass to you.
Subject to matters contained above with respect to stock items being listed at an incorrect price, the price payable by you for orders accepted by us shall be the price quoted on the Site for the relevant stock item at the time your order is submitted, together with the applicable delivery fees or charges, if any (which are payable in addition to the price of the goods). Except where stated otherwise, the prices for goods are as stated on the Site and are payable in Australian Dollars (AUD$). Please note that, in certain circumstances, an order may be payable in US Dollars (US$).
Payment can be made by VISA, MASTERCARD, AMERCIAN EXPRESS and PAYPAL at the point of sale, and any other methods which may be clearly advertised on the Site from time to time. If the making of a transaction requires us to charge your payment, debit or credit card account, you authorise us to do so and to charge your payment, debit or credit card account for the total price of the ordered goods and the applicable delivery fees, if any. Payment will be debited and cleared from your account and only then can your order be despatched. By providing payment, debit or credit card details for the payment for any goods, you confirm that the payment/debit/credit card that is to be used is yours or that you have been specifically authorised by the owner of the payment/debit/credit card to use it. All payment/debit/credit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment/debit/credit card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
We take reasonable care to make and keep the Site secure. We will endeavour not to store your payment/debit/credit card details on our systems.
If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.
Payment by telephone, bank wire transfer, mail, money order or cheque may be agreed to by us and arranged by contacting our Customer Service team via email ([email protected]
) or telephone (+61 2 9285 2222) during normal business hours (i.e. Monday to Friday between 8.30am to 5.30pm AEST).
BANK WIRE TRANSFERS
All customers must provide proper formal identification when making a purchase by bank wire transfer. We do not charge a fee for a bank wire transfer but be aware that some financial institutions will charge a fee for using a bank wire transfer. We require all bank wire transfer orders by phone be confirmed through an order approval process. Whilst we may acknowledge a bank wire transfer order, the order will not be processed and the goods despatched until the payment has been received and confirmed by an email from us. If a wire transfer payment is not credited to our bank account within 7 days after you have placed your order, the subject order will be cancelled.
To help ensure that your shopping experience is safe, simple, and secure, we endeavour to take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but, in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
From time to time we may have and make special offers that can be applied to your order by using a promotional code that we may provide to you. In order to take advantage of these promotions, you must enter the promotional code in the space provided in your shopping cart and hit or press the “apply” button. The value of the promotion will be applied to your order automatically. Please note that only one promotional code benefit may be used per transaction. Promotional codes cannot be used for the purchase of a gift card or voucher. See below for details relating to Gift Cards and Vouchers.
Promotional codes are not valid for redemption anywhere except on the Site and cannot be exchanged for cash. Delivery charges are excluded from the calculation of percentage-based discounts. Unless otherwise specified, each promotional code may only be used once per customer and promotional codes cannot be applied to orders placed prior to or after the promotional period specified.
GIFT CARDS OR VOUCHERS
You may purchase an AUTORE gift card or gift voucher online by visiting www.autorepearls.com.au These vouchers will be in the form of an E-Gift card (or similar) that can be sent by email (or a physical copy can be sent directly to the customer). They are not redeemable for cash and can only be used to purchase products from and via the Site. They cannot be used to purchase another gift card or voucher or used in conjunction with a promotional code. No change will be given or allowed for a purchase made with a gift card or voucher. The gift card or voucher has a set life and will expire 12 calendar months from the date of its purchase. Gift cards or vouchers are partially redeemable and it is up to the cardholder to use the full value within the 12 month validity period. Any unused balance will not be refunded or credited once the card has expired. When the cost of a purchase exceeds the available gift card or voucher balance, the cardholder will be required to make up the difference with an alternate form of payment. Gift cards and vouchers should be treated like cash and kept securely as you would with cash. We disclaim all responsibility and will not be liable at all for a lost or stolen gift card or voucher, whether for the full original value or any remaining balance thereon.
INSURANCE & DELIVERY
We insure each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point risk and responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or another adult at that delivery address) is evidence of delivery and fulfilment by us and the transfer of responsibility for risk to you in the same way.
So that there can be no confusion, risk in the ordered product passes from us to you upon completion of delivery. In accordance with these T&C’s, delivery is deemed to have taken place and is completed when acceptance for the delivered goods is signed for as accepted and delivered at the place of delivery by you or your authorised agent or that of another adult at the place of delivery, such location being as per the delivery instructions issued to us by you.
Please note that we aim to despatch all orders within a reasonable period and in a timely fashion in accordance with any delivery schedule we provide to you. However, estimated delivery times are to be used as a guide only and commence from the date of despatch by us. We are not and cannot be held responsible or liable for any despatch or delivery delays.
For reasons including but not limited to security, we reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
We guarantee the authenticity of all South Sea pearls and pearl jewellery purchased through or via the Site or otherwise purchased from us.
DELIVERY WITHIN AUSTRALIA
In most cases, delivery to locations within Australia will not attract a delivery fee or charge and delivery will be via a door to door postal courier service. If a local delivery fee or charge is to be imposed that will be made clear when you place an order. Once we have confirmed our acceptance of your order, we will endeavour to dispatch your order within 3 Business Days unless a different timeframe is specified in relation to a particular stock item. If we are unable to despatch your order within this timeframe, we will endeavour to contact you and advise of the expected despatch date. Additional delivery charges may be incurred should you require particular or unusual service such as a delivery on a Saturday and any such special delivery requirements needs to be discussed with and confirmed by us in writing.
Subject to anything contained herein to the contrary, we anticipate that ordered and paid for goods will be delivered to metropolitan areas of Australia within 5 Business Days from the date of despatch. Deliveries to regional and remote destinations may take longer and we suggest that purchasers allow up to 7 days for the delivery to arrive.
Products will be posted, couriered or otherwise sent to the delivery address nominated by you as part of the ordering process. Because of factors outside of our control, anticipated delivery timeframes may be exceeded and for this reason, we are unable to provide any guarantees as to the length of time a delivery may take. Postal and courier services employed by us will be reputable and reliable service providers. It is expected that the delivery service provider will insist on personal delivery.
Purchases made requiring international delivery will be shipped via a reputable and reliable international courier service and any such delivery will be subject to a shipping fee or charge. International shipping charges will be calculated at the checkout at a flat rate of $70 AUD.
Once we have confirmed acceptance of your order, we will endeavour to dispatch your order within 3 Business Days unless a different timeframe is specified in relation to a particular stock item. If we are unable to despatch your order within this timeframe, we will endeavour to contact you and advise of the expected despatch date. For deliveries to metropolitan areas, please allow up to7 business days, for regional areas please allow up to 10 business days.
International deliveries are likely to take longer than deliveries within Australia because of additional factors such as distance, export-specific considerations (e.g. Australian Customs’ clearance) and foreign customs’ import requirements and regulations. Delivery fees for offshore (i.e. outside of Australia) deliveries will reflect the additional distance and red tape. You will be liable for import duties, as assessed and charged by offshore customs’ officials and departments, and these may need to be paid by you in advance of the sending or before the goods clear customs and you receive the goods. Similarly, you will be liable for any local taxes that are applicable in the country of import.
We will not be responsible or liable for anything that happens to any order that is delivered in accordance with your delivery instructions. We do not and will not accept any responsibility for any delays or loss of products due to delivery packages being retained for and or by Customs or other official inspections and delays caused by same.
International deliveries may be subject to Taxes imposed by the country to which a delivery is shipped. We have no responsibility or liability for any such charges. Should you purchase goods online through the Site for delivery offshore, you are the “importer of record” and you must comply with all laws and regulations in place in the country to which the goods are shipped. Customs’ clearance charges and fees are your responsibility. You must bear all such costs and expenses. We have no control over such fees and charges and cannot predict what they might or will be. Customs’ policies vary widely from country to country. We recommend that you contact your local customs’ authorities or international shipping agent to ascertain what is involved.
Cross-border shipments/deliveries may be subject to opening and inspection by Customs’ authorities. In order to facilitate customs’ clearance and to comply with local laws, we may be required to provide certain order, shipment and goods information, such as that which relate to title and details of our international carriers. Such information may be communicated by shipping service providers to customs’ authorities which may require us to declare to them the value of the goods you have purchased.
Delivery timeframes are estimates only and while we will endeavour to meet all delivery timeframes, we will not be liable for any loss, expense or other damage caused by any delay in delivery.
We retain ownership and title of the goods we supply to you until we have received the full price for the goods and the applicable delivery charges and delivery completion confirmation is received by us. Once your order has been delivered to you (or has otherwise been delivered in accordance with your delivery instructions), as evidenced by confirmation provide to us by Australia Post or our contracted courier or other delivery service provider or shipping agent, you will and must assume responsibility for and risk in the goods.
Where multiple (i.e. more than one item) items are ordered, whether in a single order or in more than one order, it may be that the goods the subject of the order(s) are separately delivered.
DELIVERY OF SPECIAL ORDERS
Where we are required to effect changes to stock items such as adjustment of ring size, standard delivery timeframes cannot be guaranteed and will not apply. In these circumstances, you will be contacted or notified by a Customer Service team member, advised of any likely delay and requested to provide specific personal acceptance acknowledgement and final confirmation of your order. If you order an out of stock item and we agree to manufacture the ordered item, we will require you to pay a deposit calculated at 20% of the purchase price and we will endeavour to have the item manufactured within 6 to 8 weeks of the order. Full payment will be required to be paid prior to despatch.
We are responsible to insure products during delivery against certain risks such as damage occurring during transit. If upon receipt, you believe that there is evidence of damage to the packaging and or the enclosed product, you should immediately report this to the delivery service provider. If following inspection of the sent item(s), you are of the opinion that the item has been damaged in transit, you should report this to us at your earliest possible opportunity. Delay in these circumstances is problematic and may adversely impact on remedies and options available to you and us. In these circumstances, contact us by email ([email protected]
) or telephone us without delay by calling +61 2 92852222 during normal business hours (i.e. Monday to Friday between 8.30am to 5.30pm AEST).
If we cancel the transaction, you will be entitled to a full refund.
Special orders cannot be cancelled.
In the event of any cancellation that requires the return of any product to us, we reserve the right to charge you any reasonable cost incurred by us to recover the goods which were the subject of the cancelled transaction. In doing so, we agree to act both reasonably and in good faith and you agree to be liable for any and all such charges.
All goods purchased via or from the Site come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and perhaps compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality. Goods will not be of acceptable quality if such goods:
- are not fit for all the purposes for which the goods of that kind are commonly and ordinarily supplied;
- are not acceptable in terms of appearance and finish;
- have defects;
- are unsafe; or
- are not durable.
Autore Pearls’ refunds and returns policy and terms and conditions are subject to statutory rights a consumer has including those provided for within the provisions of the Competition and Consumer Act (C’th) 2010. Your statutory rights with respect to returns and refunds are neatly summarised on both the website of the Australian Consumer & Competition Commission (http://www.accc.gov.au/Consumers) and that of the New South Wales Department of Fair Trading (http://www.fairtrading.nsw.gov.au/ftp/Consumers)
Please note that Australian consumer law does not apply to “change of mind” or similar product returns which are subject to the supplier’s T’s& C’s.
In addition to your rights under the Australian Consumer Law, we offer a 12 month limited warranty from the date of purchase against defects in material(s) and/or workmanship. Our liability for any breach of any warranty or consumer guarantee is (to the extent permitted by law) limited, at our sole discretion, to re-supplying the goods you have ordered or refunding the cost of those goods.
Products purchased from or via www.autorepearls.com.au may be returned for a refund within 14 days of delivery with such period strictly enforced. No refunds will be available if the item is not physically received by us within this 14 day period. We do not accept goods back for exchange. If our reasonable requirements are all met, we will issue a refund.
Refunds are based on the AUD purchase price listed on the Site at the time of the purchase.
Where there has been a breach of a statutory or contractual guarantee or warranty, the amount of the refund will include the costs of delivery (if any) and any reasonable return delivery charges incurred by the purchaser.
Costs and liabilities relating to the return shipping of an item purchased via the Site are at the risk of the person sending them if there is no delivery error by us or no defect is admitted by us acting reasonably or the item has merely been returned because of a change of mind. We cannot and do not agree to be held liable or responsible should the item be lost, stolen or misplaced during or at any time whilst the item is being returned to us.
Due to hygiene considerations, we do not exchange or refund earrings and or body pierced jewellery unless the product does not comply with the provisions of the Competition and Consumer Act 2010.
If the item delivered to you was incorrect – i.e. not the piece that was ordered – or does not match the description of it as posted on the Site or is defective, we will refund the costs involved in the returning of the item by you.
To summarise the above, a refund will not be made nor a replacement provided by us if:
- You fail to return the goods within the 14 day returns period; or
- The item is not returned in its original and saleable condition together with its original packaging, proof of purchase (i.e. with a copy or the original sales receipt or similar documentation) and with all tags attached; or
- The piece(s) has or have been worn, damaged or altered; or
- you fail to contact us and communicate clearly your intention to seek a refund or a replacement of the item prior to attempting to return it and you fail to obtain from us a Return Authorisation Number; or
- You fail to return the subject item or items to us together with a completed AUTORE Online Returns Form, a copy of which will have been provided together with your purchase when it was despatched to you, or email us at [email protected]
If any of the above refunds’ pre-conditions are not met, our decision as to whether a refund or replacement will be allowed will be determined at our absolute discretion. Under Australian consumer law, a supplier is entitled to offer a free repair, as opposed to a refund or replacement, in circumstances where the fault or defect is merely of a minor nature which can be easily and simply rectified.
Where we agree to offer a refund in circumstances where there has been no breach of a statutory or contractual guarantee or warranty, the amount of the refund will not include the refund of any delivery or return delivery charge(s) incurred by the purchaser.
We cannot and do not offer refunds of products after alteration.
We do not refund clearance stock sold in ‘as is’ condition unless the product does not comply with the provisions of the Competition and Consumer Act 2010.
Sale items cannot be returned for a refund unless it is deemed (reasonably and in good faith by us) as faulty or defective.
All products returned for refund, replacement or repair will be subject to a quality assurance inspection undertaken by qualified Autore Pearls’ personnel and no refund will be allowed or offered should the inspection reveal, to the extent permitted by law, damage due to ordinary wear and tear, misuse, accident, abuse, alteration, substitution, improper repair or warranty service performed by someone other than us or our authorised repairers, theft, disappearance, loss (including loss of stones or pearls) or any other type of use causing deterioration.
Refunds can and will only be processed through www.autorepearls.com.au
INTERNATIONAL TRANSACTION AND OR MERCHANT FEES OR CHARGES
Payment for purchases from the Site by a non-Australian dollar denominated credit card may incur an international transaction fee or merchant fee (including currency conversion charges) imposed on the purchaser by their bank or credit card issuer. We have no control over such fees and we accept no liability for them. Purchasers should make enquiries of their bank and or credit card issuer and familiarise themselves with what costs, fees or charges they may incur prior to effecting a transaction on the Site.
REPAIRS TO JEWELLERY
Autore Pearls accepts no liability in respect of any and all jewellery repairs (which we note are at the customer’s risk) unless the repairs are to an Autore piece returned due to a manufacturing defect or damage suffered during transit in accordance with these T&C’s. Repairs requested other than in respect of a defect in materials or workmanship discovered during the 12 month warranty period may incur a fee. Authorised repairs do not extend the initial 12 month (from purchase) warranty period.
An inspection and assessment will be carried out by a qualified expert authorised and performed by us prior to any repair taking place – this assessment will detail the condition & necessary repair of the item(s).
Any mere representation by a Customer Service team member whether upon receipt of the piece of jewellery for repair or otherwise, shall not be relied upon by you as an assessment of the value, quality or authenticity of the jewellery item.
Any guarantee noted on your repair does not include damage or issues that arise from wear and tear, accidental damage, misuse or abuse.
INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT
Access to and your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Site’s content including software and all HTML and other code contained in the Site. All such content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions.
The Site – www.autorepearls.com.au – and the contents and material thereon is the exclusive property of Autore Pearls Pty Ltd or its related bodies corporate forming The Autore Group (of Companies) except as specified below and used with their permission.
Autore Pearls Pty Ltd and entities within The Autore Group (of Companies) own various intellectual property including copyright, trademarks and designs stored and or otherwise displayed on the Site, its content and material, all of which is and remains the intellectual property of its owners and licensors or providers and all rights in and to such intellectual property are reserved. You are permitted to use the Content only as expressly authorised by us and/or any of our third party licensors.
Any reproduction or redistribution or publication or transmission or modification or sale or use for the creation of derivative works or otherwise appropriation in any manner or form of the Site’s content and material, whether in whole or in part, is prohibited unless such use is otherwise permitted by these T&C’s; and or is done with our express knowledge and with our prior written consent. Any unauthorised use may result in civil and criminal penalties. However, please note that you may display, copy, download and distribute content and material made available on the Site for your personal, non-commercial use provided that you do not modify any of it and any copyright, trademark and proprietary notices or notifications, symbols or provisos are retained.
The copyright contained in and on the Site remains the property of Autore Pearls Pty Ltd or is used under licence. All rights are reserved.
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this Site. You may not use this Site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site. For any marketing and advertising enquiries, please email us through our ‘Contact Us’ section on www.autorepearls.com.au
LIMITATION OF LIABILITY
To the fullest extent permitted by law, Autore Pearls excludes all liability, howsoever arising, whether in contract, tort, negligence, pursuant to statute or otherwise for any and all damage (including, without limitation, indirect or consequential losses, loss of profit, loss of goodwill, loss of data or special or any other form or class of damage or loss) suffered by you or any third party, arising out of or in connection with your inability to use or the performance of the Site, even if Autore Pearls has been advised and made aware of the possibility of such loss or damage.
You expressly understand and agree that Autore Pearls Pty Ltd and its related bodies corporate, subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses as stated above (even if Autore Pearls Pty Ltd has been advised of the possibility of such loss or damages), resulting from use of the Site, its content or any related services. Similarly, we will not be liable for a breach of these T&C’s or otherwise should the Site or any services supplied through it contain errors or become unavailable, interrupted or delayed or be incomplete or contain security limitations for any reason.
FURTHERMORE, if the limitation of liability contained herein is held to be invalid in whole or in part, then our maximum aggregate(d) liability to you for all loss, damages, costs and expenses (other than for any damage, cost and expense that cannot be limited at law) will not exceed the amount of one Australian dollar (AUD$1).
You agree to indemnify and hold Autore Pearls Pty Ltd and its related bodies corporate and its and their officers, directors, agents, subsidiaries, employees and its related bodies corporate and its representatives, officials and employees harmless from any claim or demand, including reasonably incurred legal fees, arising out of or related to your breach of these T&C’s, or your violation of any law or the rights of a third party.
SURVIVAL OF TERMS
Notwithstanding any other provisions of these T&C’s or any general legal principles to the contrary, any provision of these T&C’s that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these T&C’s.
FURTHER GENERAL MATTERS
NON-COMPLIANCE BY US
We are not liable for any failure by us to comply with these T&C’s and any part or portion of them where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these T&C’s on one occasion or we fail to exercise any of the rights or remedies to which we are entitled under them or a contract pursuant to them, this will not constitute a waiver of such rights or remedies and will not relieve you from the obligation to comply with all such obligations and does not mean that those rights will be automatically waived on any other or further occasion. Further, a waiver by us of any default will not consitute a waiver of any subsequent default and no waiver of any of these T&C’s will be effective unless it is stated to be a waiver and is communicated to you in writing.
To the extent permitted at law, you may not assign or transfer any right or benefit conferred in you by these T&C’s without our express prior written consent.
If any of these T&C’s or any part of a particular term or condition is or are held to be invalid, unenforceable or illegal for any reason, that invalid, unenforceable or illegal term or condition (or part thereof) will be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remaining terms and conditions, or the remaining part of a particular term or condition as the case may be, will nevertheless continue in full force and effect.
LAW AND JURISDICTION
To the extent permitted in your local jurisdiction, these T&C’s and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be and are governed by and construed in accordance with the laws in force in New South Wales, Australia and you agree to submit and be subject to the exclusive jurisdiction of the courts of New South Wales and those courts authorised to hear appeals from them.
DEFINITIONS & RULES OF INTERPRETATION
Business Day means a day on which the trading banks are usually open in Sydney but excluding Saturdays and Sundays and public holidays;
GST means GST as that term is defined in GST law and any interest, penalties, fines or expenses relating to such GST;
GST Law means, where the context requires or permits, the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and/or associated Commonwealth of Australia legislation, regulations and publicly-available rulings;
Intellectual Property Rights means all intellectual property rights including all current and future registered and unregistered legal rights in respect of copyright, designs, trademarks, know-how, confidential information, inventions, discoveries and all other forms and or types of intellectual property as defined in Article 2 of the convention establishing the World Intellectual Property Organisation 1967 and the right to file an application for registration thereof;
Moral Rights have the meaning given to them in the Copyright Act 1968 (Cth);
Personal Information means the merely personal information provided by you and collected by us as part of you visiting or transacting on the Site such as name, postal and or residential address, telephone and email contact details, country of residence, as well as information such as your professional interests, demographics, awareness of and or experiences you have had AUTORE Pearls’ products and services as opposed to personal information otherwise required to be provided and collected to facilitate or enable a transaction to be made between us and you via the Site including transactional information such as your personal billing information and or transactional and banking and credit worthiness and credit card information (being “Personal Financial Information”) which unless any such alternate purpose has been explicitly discussed with you and expressly authorised and permitted by you, is only collected or stored for a specific transactional purpose;
Related Body Corporate has the meaning given to that term in the Corporations Act 2001 (Cth);
Submissions means all comments, posts, feedback, suggestions photos, emails and all similar types of information, materials or postings that you submit to us or to the Site regarding or relating to or with respect to the Site, the business(es) and operation(s) of the Site and or Autore Pearls and/or the goods and services it provides or undertakes;
Taxes means any present or future taxes (including any such tax on goods and services in particular but not limited to GST), rates, levies, imposts, duties, deductions, charges, withholdings which may be imposed or incurred in any jurisdiction and any interest, penalties, fines, fees or expenses relating to any of them;
We, Us or Our means or refers to Autore Pearls Pty Ltd and its related bodies corporate and or its associated corporate group, The AUTORE Group (of Companies); and
You and Your means or are references to the person accessing or using the Site.
In these T&C’s, unless the contrary intention appears, a reference to
- these Terms and Conditions or another document includes any variation or replacement of it notwithstanding any change in the identity of the parties’;
- any statute, statutory provision, ordinance, code or other law includes regulations and other statutory instruments under any of them and consolidations, amendments, re-enactments or replacements of any of them;
- a person, firm, corporation, association or government body includes any other of them;
- a person includes the person’s successors, executors, administrators, substitutes (including a person who becomes a party by novation) and assigns;
- a time is a reference to the time in Sydney, New South Wales (NSW), Australia unless otherwise specified; and
- a right includes a benefit, remedy, authority, discretion and power;
- the singular includes the plural and vice versa;
- words importing a gender include any other gender; and
- the words ‘including’ or ‘includes’ are not deemed to be words of limitation.
Please note that
- headings are for convenience of reference only and shall not affect the construction or interpretation of these T&C’s;
- if the day on which anything other than a payment, is to be done is not a Business Day, that thing shall be done on the following Business Day;
- if the day on which a payment is to be made is not a Business Day, it shall be made or effected on the next Business Day but, if the next Business Day falls in the next calendar month, it shall be open to us to effect or make the payment on the preceding Business Day;
- if an act is required to be done on a particular day and the act is done after 5.00pm on that day, it will be deemed to have been done on the following day;
- where two or more persons are defined as a party to these Terms & Conditions that term means each of the persons jointly, each of them severally and two or more of them jointly; and
- an agreement, covenant, obligation, representation or warranty in favour of two or more persons is for the benefit of them jointly and severally.