TERMS AND CONDITIONS

TERMS & CONDITIONS

 

These terms and conditions apply to the use of this website, including the purchase of goods and/or services using this website. By using this website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.

1. Amendments to terms and conditions

We reserve the right to amend these terms and conditions from time to time.
2. Your account and password

We may provide you with an account login (including a username and password) to verify your identity when you use this website. You must ensure that your account details are complete and accurate when submitted to us, that the information that you have given is true and correct, and you must keep your account details up-to-date. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
Your username and password are personal to you and you must at all times keep your username and password secure and confidential and not disclose them to any third party.
You agree that you are solely responsible for any use of the website by any person using your username and password (including any purchases made via the website). You agree to release and indemnify Piedras Australes Pty Ltd in relation to any claims, loss or liability arising out of the unauthorised use of your username or password (including any failure to keep your username or password secure and confidential).
You agree to notify us immediately by email to contact@australstones.com.au of any unauthorised use of your account or any other breach of security.

3. Ordering goods on this website

This website and the information on it constitute an invitation to treat and not an offer by us to supply goods. When you submit an order to purchase goods from us, this constitutes an offer from you to buy those goods in accordance with these terms and conditions. No contract for the sale and purchase of those goods shall be formed between you and us until we accept your order by sending you an acceptance ‘confirmation of acceptance’.
You may submit an order to purchase goods from us by completing the order form and submitting the order confirmation on this website. You must provide all required information (including your name and physical address) or we may not be able to process your order.
No order shall be deemed accepted by us until we have sent you a ‘confirmation of acceptance’ confirming that we have accepted your order. An ‘order confirmation’ is not a ‘confirmation of acceptance’. However, a shipping confirmation may, in accordance with its terms, constitute a ‘confirmation of acceptance’. We will endeavour to notify you whether we have accepted or rejected your order and, if applicable, to confirm the delivery details for your order within 3 Business Days after receiving your order.

By submitting an order on this website you agree to be bound by our Returns and Refund Policy.

4. Payments

The price payable by you for orders accepted by us shall be the price quoted on this website for the relevant goods at the time your order is submitted (subject always to section 6 below, in relation to incorrect prices), together with the applicable delivery fees (which are payable in addition to the price of the goods). Except where specifically stated in relation to a particular good, the prices for the goods are stated and are payable in Australian dollars (AUD).
You shall pay for your orders by credit card or Paypal™ using the online transactions facilities provided or by authorising Pierdras Australes Pty Ltd to charge your payment card account for the total price of the goods ordered and the applicable delivery fees at the time the goods are dispatched.
If there is a problem with your payment (for example, if your payment card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.
We may vary any prices on this website at any time without notice to you.

5.Availability, Cancellation and Rejection of Orders

All orders are subject to the availability of goods. We may reject or cancel any order due to unavailability of any good. If for any reason a good is not available, we will endeavour to notify the non-availability on this website. We may revise the range of goods or the specification of any good at any time (save and except for where we have confirmed our acceptance of your order) without notice to you.
Where any good is listed on this website with an incorrect price or with incorrect information, we reserve the right to reject or cancel your order (regardless of whether you have made payment for that order). You acknowledge and agree that we have no obligation to sell any good either online or in-store where that good is listed with an incorrect price or with incorrect information. Where you have already made payment for an order that is subsequently rejected or cancelled by us, we will refund the full amount paid by you in relation to that order.
You may cancel your order any time prior to the time that we send our confirmation of acceptance for that order. Once we have sent our confirmation of acceptance for your order, you may not cancel that order.

6. Delivery and delivery fees

Goods purchased online from this website are eligible for delivery to addresses Australia only. We use Australia Post to deliver such goods.
The applicable delivery fees are clearly displayed in your local currency at the time of purchase.
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 good. If we are unable to dispatch your order within this time frame we will endeavour to contact you and advise you of the expected dispatch date.

You may specify delivery instructions for your order (for example, you may authorise the courier to leave the goods in a specified location if you will not be at the delivery address). We will not be responsible or liable for anything that happens to any order that is delivered in accordance with your delivery instructions.
Although we will endeavour to meet delivery timeframes where possible, all delivery timeframes are estimates only and 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. Once your order has been delivered to you (or has otherwise been delivered in accordance with your delivery instructions), as evidenced by confirmation provided to us by Australia Post, you assume full responsibility for and risk in the goods.

7.Customs, duties and taxes
Each package that contains a good that you have purchased may be subject to Taxes of the country to which such package is shipped. All such Taxes are your responsibility.
When you purchase a good online from Pierdras Australes Pty Ltd, you are the “importer of record” and you must comply with all laws and regulations of the country to which such good is shipped.
You are responsible for and shall bear any charges for customs clearance. Pierdras Australes Pty Ltd has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country so you should contact your local customs authority for further information about such charges.

8. Non-excludable guarantees under the Australian Consumer Law
All goods purchased from this website 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 for 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.

The goods will not be of acceptable quality if such goods:
(a) are not fit for all the purposes for which goods of that kind are commonly supplied;
(b) are not acceptable in appearance and finish;
(c) have defects;
(d) are unsafe; or
(e) are not durable.

9. Additional contractual warranties and guarantees in relation to our goods

In addition to your rights under the Australian Consumer Law, we offer a minimum twelve month limited warranty from the date of purchase against defects in material and/or workmanship on all of the goods that we sell.

10. Pierdras Australes Pty Ltd’s liability and exclusions on warranties and guarantees

Subject to any rights you may have under the non-excludable guarantees under the Australian Consumer Law  we may impose fees payable by you in relation to any repair/service not covered by the guarantees under the Australian Consumer Law or the twelve month limited warranty.Pierdras Australes Pty Ltd’s liability for any breach of any warranty or consumer guarantee for goods or services is (to the extent permitted by law) limited to re-supplying the goods or services the subject of your order or refunding the costs of the goods or services (at its sole discretion).
The twelve month limited warranty exclude, 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 lost stones) or any other type of use causing deterioration.

Loose diamond stones supplied by Pierdras Australes Pty Ltd and assembled by someone other than Pierdras Australes Pty Ltd or its authorised agents can be damaged during jewellery assembly (Third Party Damage). Such Third Party Damage will not be covered by the twelve month limited warranty and (to the fullest extent permitted by law, including Australian Consumer Law) any consumer guarantee, and Pierdras Australes Pty Ltd will not be liable for any such Third Party Damage or any claim arising as a result of, or in connection with, such Third Party Damage.
To the fullest extent permitted by law (including Australian Consumer Law) Pierdras Australes Pty Ltd reserves the sole right to judge whether or not an item of jewellery has been subject to ordinary wear and tear, misuse, abuse, alteration, substitution, improper repair or warranty service performed by someone other than Pierdras Australes Pty Ltd (or its authorised repairers), theft, disappearance, loss (including lost stones) or any other type of use causing deterioration. If, in our sole discretion, such jewellery shows signs of any of the foregoing, the twelve month limited warranty  will be entirely void.
To obtain any limited warranty service for any good that is a stone good with a sales price greater than $990, you must provide Pierdras Australes Pty Ltd with an original certificate of authenticity for that item. If this certificate of authenticity has been altered in any fashion, the contractual warranty is void to the maximum extent permitted by law.
When a good is repaired under the original contractual warranty term, only the remaining term of the original contractual warranty will continue to apply (e.g. if a good is purchased under the 12 month limited warranty and returned for repair after 11 months from the date of purchase, once the repaired good is handed back to the customer, the remaining warranty term will be only 1 month and any other repairs after this term will be outside the original warranty period and may be charged accordingly). This limitation does not apply to consumer guarantees under the Australian Consumer Law.

11. Disclaimer in relation to website

You acknowledge and agree that, despite all reasonable precautions on our part, this website is not, and cannot be, guaranteed to be error free, uninterrupted, timely, complete, or secure and acknowledge that the existence of any such errors, interruptions, delays, incompleteness, or security limitations will not be a breach of these terms and conditions. We will not be liable to you should this website or any services supplied through this website contain errors, or become unavailable, interrupted, or delayed for any reason.
To the maximum extent permitted by law, we do not accept responsibility or liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, including any such loss arising out of your use of or reliance on information contained on, or accessed through, this website, or concerning any goods or services ordered by you from this website.
If the limitation of liability in clause 12.2 above is held to be invalid in whole or in part, then our maximum aggregate liability to you for all loss, damages, costs, and expense (other than for any damage, cost and expense that cannot be limited at law) will not exceed the amount of one Australian dollar (AUD$1.00).
To the maximum extent permitted by law, we provide this website and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.

12. General warnings

Although all reasonable care is taken to ensure that photographs appearing on this website reflect as accurately as possible the actual size of goods, you acknowledge that due to the inherent difficulties with photographing items of jewellery, some goods may appear larger or smaller than their actual size when represented on this website.
Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.