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TERMS & CONDITIONS

In these terms and conditions, “we” “us” and “our” refers to Highlands Jewellery. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

Our Website Services

1. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website you acknowledge that you are over eighteen (18) years of age.

2. All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page but these prices will only be confirmed when you place your order with Highlands Jewellery. We reserve the right to amend our prices at any time. If you have placed an order we reserve the right to cancel your order should our prices change.

Product Descriptions

3. We strive to ensure that our products are described as accurately as possible on our website however we do not warrant that the description is accurate. We reserve the right to correct any error or omission where we become aware of any misdescription.

4. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design, actual size or options relating to that product as the image depends on the monitor being used to view the product as well as the fact that natural gemstones may vary in lustre and colour. Minor colour or lustre deviations are not considered a defect.

5. If a product purchased from Highlands Jewellery is not as described on its web site, your sole remedy is to return it to Highlands Jewellery under the terms of its Returns and Exchanges Policy.

Product Orders

6. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website. Please remember that many of our items are select pieces or limited editions and are consequently in high demand. We apologise for any disappointment but encourage you to contact us online at info@highlandsjewellery.com so that we can determine when the item might be available or if there might be another piece that you would prefer. If a product is not in stock then it may take us 4 – 6 weeks to complete the Order.

7. All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.

8. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

9. We undertake to accept or reject your order within Seven (7) days. If we have not responded to you within Seven (7) days your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.

10. Delivery of your ordered product/s will be as set in our Shipping Policy. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.

11. All risk of loss or damage to the goods passes to you when we dispatch the goods.

Order Cancellation Due To Error

12. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.

Product Returns

13. We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition. Faulty items will only be accepted if the goods are delivered to the customer damaged or if there is a subsequent manufacturing fault within a period of six (6) months after delivery. All items returned as faulty will be inspected and any item displaying damage deemed to be a result of fair wear and tear will not be accepted as faulty.

14. Where possible items may be repaired on request but only where such items are deemed faulty and repairable. Repairs do not come with a guarantee. It may be possible for us to repair items which have suffered wear and tear. There will be a charge for this service which is to cover the cost of shipping and any other costs incurred.

15. Except as stated in clause 16 we also undertake to refund any undamaged product purchased from us so long as it is returned unused and with proof of purchase within Fourteen (14) days of purchase. The cost of any undamaged and unworn products correctly returned will be credited to the original purchaser’s credit card including sales taxes. We do not refund any packing and postage charges or international custom duties or taxes if undamaged goods are returned to us for refund. Return of undamaged goods for refund is entirely at your cost and risk. Please contact Highlands Jewellery staff via email info@highlandsjewellery.com to request a Return Authorisation Code.

16. Custom order merchandise including sized, engraved and altered items and any merchandise not in stock and which must be special ordered from the manufacturer are NOT returnable. Deposits for special/custom orders are not refundable under any circumstance.

17. Product returns must be in their original sale condition, unused and unworn. We will refuse any return that has any sign of wear, scratches, modification or alteration in any way. Please note that a return cannot be accepted for items that do not include all original product packaging, jewellery boxes and outer boxes and any other materials included with the original sale.

18. When returning an item to Highlands Jewellery include the Return Authorisation Code on the outside package and reference it in your correspondence or shipping transmittal. We will refuse any returned merchandise not displaying a Return Authorisation Code. Authorised returns may be shipped via Registered Mail to Highlands Jewellery 9 Coull Street Picton NSW Australia 2571.

19. You must insure the returned item for the original sales amount. Please note that you are the owner of all purchased merchandise and bear responsibility for its loss or damage until we authorise its return and we receive the returned merchandise in its original condition. We will issue your credit within fourteen (14) business days of receipt provided our inspection confirms that you have returned the merchandise in its original sale condition with all required materials.

20. Highlands Jewellery reserves the right to alter this Returns Policy at any time, for any reason.

Site Access

21. We give you a limited licence to access and use our information for personal use when you visit our website.

22. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. You may not make use of any part of this web site or reproduce Highlands Jewellery logos, graphics or designs for any other purpose without the express written consent of Highlands Jewellery Your use of our content in any other way infringes our intellectual property rights.

23. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

24. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

25. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support or sponsorship of the operator of that website nor of the information and/or products which they provide.

26. Linking to our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.

Intellectual Property Rights

27. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

28. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

Disclaimers

29. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

30. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

31. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Statutory Guarantees and Warranties to Consumers

32. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-

a. Schedule 2 of the C&C Act; and

b. those statutory guarantees all of which are given by us to you if you are a consumer.

33. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-

a. We will repair or replace the goods or any part of them that is defective; or

b. Provide again or rectify any services or part of them that are defective; or

c. Wholly or partly recompense you if they are defective.

34. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard if you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.

Limitation of Liability

35. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-

a. To the full extent permitted by law our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.

b. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

c. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.

d. We do not participate in any way in the transactions between our users.

Indemnity

36. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force Majeure

37. If a Force Majeure event causing delay continues for more than Thirty (30), we may terminate this Agreement by giving at least Seven (7) Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction

38. These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.

39. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

40. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

41. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.

Shipping Policy

Orders ship within 48 hours of your order if the item is in stock. We use Australia Post for all deliveries.

Shipping within Australia:

Free shipping, 3-4 business days

International shipping:

Free shipping, 10-14 business days

All items shipped outside Australia are subject to customs inspection and the assessment of duties and taxes in accordance with that country’s national laws. You are responsible for all duties and taxes incurred.

Please note you must provide a street address as we do not ship to PO Boxes.