Terms & Conditions

Overview

This website and its features (“Site”) is operated by The Fancy Cut Jewellers. Throughout the Site, the terms “we”, “us” and “our” refer to The Fancy Cut Jewellers.

These Terms and Conditions (“Terms”), which incorporate our Privacy Policy and other documents referred to within these Terms, govern the supply of any products ordered by you on the Site and your use of the Site. By browsing, accessing, using the Site or ordering a product (“Order”), you agree to be legally bound by these Terms. We may change these Terms at any time, and the revised Terms will be made available on our Site. By continuing to use the Site you agree to be bound by such revised Terms.

1. Access and Use of the site

1.1 You must only use the Site in accordance with these Terms and any applicable law.

1.2 You must not (or attempt to):

(a) interfere with or disrupt the Site or the servers or networks that host the Site;

(b) use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

1.3 To access some features of the Site, such as creating wishlists, you must register an account with us (“Account”). To register for an Account, you must provide us with accurate and current personal information including your name, address, and a valid email address. You must not register more than one Account.

1.4 To place Orders using an Account you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us. If you are under 18, you may only place an Order with the involvement of a parent or guardian - we do not sell products for purchase by children.

1.5 You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.

1.6 You must not use another person’s Account without our, and/or the other person’s express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact us immediately and take immediate steps to re-secure your Account (including by changing your password).

1.7 We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.

1.8 You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:

(a) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or

(b) in a way that is illegal or unfair.

2. Information on this site

2.1 The Site and the content on the Site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to The Fancy Cut Jewellers

2.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.

2.3 Information about goods on the Site is based on material provided by third party merchants, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

2.4 Due to photographic and screen limitations associated with the representation of products, products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site.

3. Order And Formation Of Contract

3.1 When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.

3.2 Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including Tax and any other charges, including any charges you are liable to have the products delivered to the address provided by you (“Delivery Fees”).

3.3 For orders outside of Australia, any customs or import duties, Value Added Tax (VAT), tariffs, and other fees that may be applied by the destination country is your responsibility. We are not responsible for brokerage fees, import and customs duties, Value Added Taxes (VAT), tariffs and any other associated fees.

3.4 You may pay for the Order in full at the time of ordering by one of the payment methods we accept on the Site. You must be fully entitled to use the payment method used for purchases.

3.5 You may also opt to pay in instalments (“Payment Plan”) by contacting us. You will be invoiced through Paypal that allows partial payments until the order amount is paid in full. A 20% deposit is required through this method. Your order will not be processed until full payment is received. You must pay in full within 6 months of us accepting your Order.

3.6 If you cancel your Payment Plan, you forfeit the 20% deposit. Any additional funds can be used as credit for another order on our Site.

3.7 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact us immediately, although please note we cannot guarantee that we will be able to amend your Order in accordance with your instructions and that fees may be applicable to process a change.

3.8 When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgement and will not constitute acceptance of your Order. We are not obliged to supply the product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including but not limited to:

(a) we suspect that you might on-sell our products to other consumers;

(b) if we suspect your Order is fraudulent, or suspect credit card or payment-related fraud;

3.9 Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.

4. Delivery

4.1 We aim to deliver products to you at the place of delivery (“Delivery”) requested by you within the time indicated by us at the time of your Order, but we can’t absolutely guarantee firm Delivery dates or times. Delivery options are set out here although such information is indicative only.

4.2 We will try to let you know if we expect to be unable to meet our estimated Delivery date or time, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed delivery.

4.3 We will aim to leave the Order at the address advised by you at the time of purchase. You must ensure that you are able to take Delivery of the product without undue delay and at any time reasonably specified by us. Our delivery partners may contact you prior to delivery to provide you with different delivery options. Alternatively, the courier may leave a card requesting your instructions on either re-delivery or collection from the carrier or a collection point.

4.4 Please note that it might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service. If we are unable to deliver to your location, we will inform you on the relevant product page, or alternatively use the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

4.5 Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.

5. Cancellation

5.1 We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will refund any money received from you using the same method originally used by you to pay for the product. If the refund transaction fails we will advise you of this and make arrangements to process the refund via a different method.

5.2 Once an Order has been processed it cannot be cancelled. You will be provided a computer aided design (“CAD”) for approval before work on your piece begins. We ask you to choose carefully and we will provide clarification throughout the process.

5.3 Since each product is custom to you, we do not accept returns or exchanges.

6. Faulty Product and Warranty

6.1 We aim to provide you with products of the highest standard and quality and all orders come with 12-month warranty on manufacturing faults. If you receive a product with a defect, please contact us as soon as possible so we can guide you through the warranty process. In order to assist this process, you may be required to send us images of the damage, defect or fault for preliminary assessment. You may be asked to provide further information to support your claim to assist us with our assessment of the goods. You will also be required to send us the product and pay for any delivery charges.

6.2 If the product is confirmed to have a defect, we will repair the product and return it to you free of charge. We will also refund the cost of shipping the product to us.

6.3 If the product is found not to have a defect or deemed out of warranty, we will provide a quote to repair the item and the cost of delivery back to you. If you opt not to fix the product, we will return the product to you and charge any delivery cost.

6.4 It does not constitute as a defect if in our reasonable opinion a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.

7. Disclaimer And Liability

7.1 This clause prevails over all other clauses, and, to the extent permitted by law, states our entire Liability, and your sole and exclusive remedies, for:

(a) the performance, non-performance, purported performance or delay in performance of these Terms or a Contract or the Site (or any part of it or them); or

(b) otherwise in relation to these Terms or the entering into or performance of these Terms.

7.2 Nothing in these Terms excludes or limits your statutory rights as a consumer or our Liability for:

(a) fraud;

(b) death or personal injury caused by our Breach of Duty;

(d) any other Liability which cannot be excluded or limited by applicable law.

7.3 In performing any obligation under these Terms, our only duty is to exercise reasonable care and skill.

7.4 To the extent permitted by law, we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site.

7.5 We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.

7.6 You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.

7.7 It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements.

7.8 We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms.

7.9 Despite any other provision of these Terms to the contrary and to the extent permitted by law, in no event shall we, our affiliates and related entities, our employees, directors or agents, or our suppliers be liable for lost profits or anticipated profits or any punitive, exemplary, special, incidental or consequential loss or damages or the like arising out of or in connection with the Site, the supply of goods or services or these Terms (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

8. Indemnity

You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.

9.GENERAL

9.1 Entire agreement: These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms published on this Site.

9.2 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.

9.3 Force majeure: We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

9.4 No waiver: No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.

9.5 Notices: Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us, or to us at our registered office.

9.6 Severability: If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.

9.7 Governing law: These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the jurisdiction of the courts of New South Wales.