Terms and Conditions
These terms and conditions apply to the use of this website Maleny Jewellers, including the purchase of goods and/or services.
By using this Website you agree to be bound by these terms and conditions.
Although all reasonable care is taken to ensure that images reflect as accurately as possible the actual size of products some products may appear larger or smaller than their actual size when represented in the website.
When you purchase goods or services through the website you must pay for those goods or services at the time of purchase, in the manner specified under payment terms. We do not guarantee the availability of goods advertised on the website but will use reasonable endeavours to source the goods in a timely manner. Unless expressly stated to the contrary all amounts expressed on this website are inclusive of GST.
Risk [this is based on delivery within Australia only]
Risk of loss or damage to the goods passes to you upon dispatch of the goods. Products purchased online will only be delivered within Australia. For deliveries we use Australia Post and couriers. While we use reasonable endeavours to have goods purchased over the website delivered to you as soon as possible, we make no guarantee as to the delivery date of goods as this is due to matters outside our control.
All goods purchased via this website are subject to our Returns Policy. The terms of our Returns Policy are incorporated into these terms and conditions by reference and you acknowledge that you have read, understood and agree to the Returns Policy before placing any orders with us.
Warranties and guarantees
Our goods 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 repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Goods will not be of acceptable quality if such goods are not fit for all the purposes for which goods of that kind are commonly supplied; are not acceptable in appearance and finish; have defects;are unsafe; or are not durable.
In addition to the statutory warranties, our goods come with a limited manufacturers’ warranty for a period of 12 months from the date of purchase covering against defects in material and/or workmanship on all of the goods that we sell. The manufacturers’ warranty may exceed this period of 12 months in relation to some goods.
We will, at our sole option, repair or replace a defective product or provide a full refund for the purchase price. This is without prejudice to your rights at law, including:
- Relevant consumer protection legislation (including under the Australian Consumer Law); and
- The remedies under the twelve month limited warranty.
The twelve month limited warranty exclude, to the extent permitted in the legislation (including under the Australian Consumer 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 authorized repairers, theft, disappearance;
- Loss (including lost stones) and/or any other type of use causing deterioration. Loose diamond stones supplied by the Retailer and assembled by someone other than the Retailer or its authorised agents is not covered by the twelve month limited warranty and the Retailer will not be liable for any such damage.
You must bring your original certificate of purchase for claim under the warranty. This certificate of purchase must be fully completed and signed on behalf of us by an authorized person at the time of purchase. If this certificate of purchase has been altered in any fashion, the contractual warranty is void to the full extent permitted by law.
Under the limited guarantee period when a product is returned for repair then only the remaining term of the original guarantee will continue to apply (e.g. if a product is purchased under the 12 month limited guarantee and returned for repair after 6 months from the date of purchase, once the repaired product is handed back to the customer, the remaining guarantee term will be 6 months.
We also provide a 30 day change of mind returns policy (refer to return-policy).
Diamond guarantee: We’re proud of our reputation for providing quality jewellery of the highest caliber. In fact, we’re so confident of the quality and workmanship of our jewellery, that every item in our annual diamond catalogue carries our unique Diamond Guarantee. Our guarantee ensures you have selected the finest quality and value for money, covering any manufacturing faults and is conditional upon us making free inspections every six months over the guarantee period.
Maleny Jewellers Has no affiliation with our brand, we only sell genuine products and have direct trading relationships with all brand owners, their licensed agents or distributors with (Australia and NZ). ( PERMITTED TO HAVING AND SELLING THESE BRANDS)
Please note that if the website contains any typographic errors then these are subject to correction. Items which are advertised as discounted have been ticketed and offered for sale at the higher price before the sale commenced. Sales may have taken place at lower prices.
You acknowledge and agree that, despite all reasonable precautions on our part, the Website cannot be guaranteed to be error free, uninterrupted, timely or secure and you acknowledge that the existence of any such errors, interruptions, delays or security limitations will not be a breach of this agreement. To the full extent permitted by law, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the website or any linked website, including (without limitation) any such loss arising out of your use of or reliance on information contained on, or accessed through, the website.
Intellectual property rights
All Intellectual Property Rights in the website (including text, graphics, logos, icons, sound recordings and software) are either licenced to us by third parties or owned by us.
You must not in any form adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any works or other subject matter or any part of this website generally; or commercialise any works or other subject matter, information, products or services obtained from any part of the Website; without our written permission.
All brand, product and service names used in the website are the trade marks of us or third parties who have licensed us to use their trade marks. You are not allowed to use or reproduce any such trade marks in the course of trade, and you may only use such trade marks for accessing, viewing and/or interacting with the Website for your own personal and non-commercial use.
Unless we agree otherwise in writing, you are provided with access to the Website only for your personal use. You are authorised to print a copy of any information contained on the website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from the website.
We may from time to time offer discounts and promotions in respect of our goods and services. The specific terms and conditions of those discounts and promotions will be located on a specific location on the Website, however, these terms and conditions apply to those discounts and promotions in addition to any specific terms and conditions. The provision of any such offers may be removed at any time in our complete discretion. You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
Viruses and access
You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or data.
Accuracy of information
Whilst we have no reason to believe that any information contained on the website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the website updated.
Responsibility for the content of advertisements appearing on the website (including hyperlinks to advertisers' own Websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
The website may contain links to other websites ("linked websites") and are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites unless otherwise stated.
We will comply with the terms of our Privacy Statement set out at privacy, and you consent to the terms of this Privacy Statement.
To the extent permitted in your local jurisdiction, these terms and conditions are governed by the laws in force in New South Wales and you agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
We are not liable for any failure by us to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions, or any part of a particular term or condition, is or are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions, or the remaining part of a particular term or condition as the case may be, shall nevertheless continue in full force.
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon the placement of a notification of such amendment on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
In this agreement:
Business Day means a day on which banking institutions generally are open in Sydney but excluding Saturdays, Sundays and public holidays;
GST means GST as that term is defined in the 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 legislation, regulations and publicly-available rulings;
Intellectual Property Rights means: any confidential information; copyright (including rights in the nature of, or analogous to, copyright); database rights; performer's protection; moral rights; inventions (including patents); trade marks; service marks; designs; circuit layouts; and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether or not registered or registrable and includes any right to apply for the registration; renewals and extensions; licences, of such rights listed in (a) to (l) above.
This Privacy Statement explains in general terms how Maleny Jewellers
collects, holds, uses and discloses your personal information under the Australian Privacy Principles.
We may amend this Privacy Statement as our business requirements or the law changes. Any changes to this Privacy Statement will be updated on Maleny Jewellers
. We may also issue specific privacy collection notices from time-to-time relating to particular products or services.
Information we collect
The types of personal information that we collect about you will depend on our relationship with you, the circumstances of collection and the type of service you request from us. The personal information may include:
- Your name, gender, date of birth, contact details, passport details, image and answer to a security question (for example, mother's maiden name);
- Payment details (such as credit/debit card number and expiry date) provided in connection with the payment of products.
How we collect information
We may collect personal information about you when you use our services or purchase goods through us, or register to receive our newsletters or other communications, visit our websites, complete one of our surveys or otherwise interact with us. As well as collecting information directly from you, there may be occasions when we collect information about you from a third party.
How we use your personal information
We may use your personal information for the following purposes:
- To provide and administer our goods and services, including verifying your identify; contacting you about your orders, freight and other arrangements, processing payments, and managing your interaction with our suppliers;
- To provide and operate our competitions, promotions and events;
- To distribute our newsletters and other communications either ourselves or with the assistance of third party services providers; and
- To conduct marketing activities.
Disclosure of personal information
We may disclose your personal information to our related companies and businesses and will only share that information for the purposes to which you have agreed.
We may also disclose your personal information to our suppliers and third parties that perform other services for us in connection with the sale and provision of all our goods and services, including third parties who:
- Conduct market research and analysis;
- Provide marketing services;
- Provide information technology services;
- Provide accounts payable and receivable services for us; and
- Manage our share registry.
We may also disclose your personal information to comply with our legal obligations, including to regulatory authorities and governments if required.
Cookies are small pieces of data stored on the web browser on your computer. This website and associated websites (including those you reach by clicking on advertising) may store cookies on your web browser.
The main reasons we store cookies are to improve your website browsing experience; gather statistics on site usage; and enable us to present customised and appropriate messages from the Retailer and third parties.
You can set up most web browsers so you are notified of when a cookie is received, so you can then either accept or reject it. You can also check the cookies stored by your web browser and remove any that you do not want.
How we hold information and keep it secure
We hold your personal information in a combination of hard copy and electronic files. We use third party information system providers who may store or have access to your personal information.
We may combine personal information we receive about you with other information we hold about you. This includes information received from our partners or third parties.
Access and correction of information about you
If you would like to request access to, or correction of, your personal information we hold about you, please contact us to the attention of the Privacy Officer, details below. We will provide you with access to the information we hold about you, including for the purpose of correcting or updating that information, unless there is an exception which applies under the Australian Privacy Principles.
We may recover from you our reasonable costs of supplying you with access to this information. However, we will not charge you for the making of the request or to correct or update your personal information. Your request to provide access to this information will be dealt with within a reasonable time.If we refuse to provide you with access to, or correct, the information, we will provide you with reasons for the refusal and inform you of any exceptions relied upon under the Australian Privacy Principles.
Privacy complaints and further information
If you have a concern about your privacy or you have any query on how your personal information is collected or used please contact us using the details below. We will respond to your query or complaint within a reasonable time. If you are not satisfied with our response, you may also contact the Office of the Australian Information Commissioner.
You expressly consent to us using your personal information, including any email address you give to us, to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) (“Direct Marketing Communications”) which we consider may be of interest to you. You also expressly consent to us providing your details to third party contractors and agents who may send Direct Marketing Communications to you on our behalf.
Without limitation if it is within your reasonable expectations that we send you Direct Marketing Communications given the transaction or communication you have had with us, then we may also use your personal information for the purpose of sending you Direct Marketing Communications which we consider may be of interest to you.
If at any time you do not wish to receive any further Direct Marketing Communications from us, you may ask us not to send you any further information about products and services and not to disclose your information to other organisations for that purpose. You may do this at any time by using the “unsubscribe” facility included in the email or by contacting us as below.
Our contact details
You can contact us to the attention of the Privacy Officer as follows:
ADDRESS: Shop 4 Riverside Centre, Maleny, QLD - 4552 Australia
By using this website or making a purchase in-store you are agreeing to the terms of this Privacy Statement and our website terms and conditions (as applicable).
We reserve the right to amend the Privacy Statement. We will post such changes on our website, after which, your continued use of the website or making a purchase in-store shall be deemed to be your agreement to the modified terms.
Returns will be accepted on any faulty merchandise returned to our store or online within 14 days.
You can also return or exchange any non-faulty full price item that is unworn, in original condition and packaging to our store within 14 days of delivery. However due to heath regulations, earrings are not able to be returned unless faulty.
We are unable to offer returns on sale items unless faulty.
Freight costs are unrefundable.
Products returned for repair , replacement or refund due to customers changing their mind, is not a valid claim under the Consumer Guarantees Act, and therefore a repair, replacement or refund it is at the discretion of the store.
Simply complete the returns form enclosed with your order and send it back to us with the item(s) you wish to return within 14 days of delivery.
If you would like to exchange an item, please inform us of the style, size and colour that you would prefer. The item from the original order will first be returned and a new order containing the exchanged item will be processed. We will notify you of your new order number via email once your exchange has been processed.
If you are returning or exchanging a faulty, damaged or incorrect item we will pay for the packaging and postage costs. However we are unable to offer free delivery for ‘change of mind’ returns or exchanges.
If you decide that your product has a manufacturing fault, you must contact us and return the item for inspection.
All products must be returned in their original packaging, with original tags wherever possible including proof of purchase.
After evaluation, we will contact you with the reason for the fault and advise of the remedy under guarantee.
Remedy can include, repair, replacement at our discretion.
However if the we determine that the circumstances for fault were related to misuse, general wear and tear, and or environmental factors, the store will advise that there are no grounds to claim under guarantee, and will offer a quote to have the goods repaired, or replaced.
Irrespective of what the type or severity of the product fault/ defect is, or what remedy is chosen, we have an obligation to comply with the Consumer Guarantees Act.
RETURNS / EXCHANGES ADDRESS:
Please ensure your return parcel is securely packaged and both sender’s address and online return address are clearly displayed on the outside of the parcel. To avoid delivery problems, we encourage sending your return back by registered post.
Please allow up to 7 working days for delivery.
Orders will be delivered via courier and will require a signature.
All orders are sent complimentary gift wrapped.
Shipping is free with all orders over $150.
Orders under $150 will be charged a $15 shipping fee.
Orders over $3000 are only available to be picked up in person from our store.
Simply show your online receipt (this was emailed to you when you placed your order online), the credit card used for your purchase, and a form of photo ID.
If your order is on backorder, you will be contacted via email with details of your backorder item. Items on backorder make take longer than 7 working days.
During the busy SALE period, we will do everything we can to dispatch your order so that is it received within 7 working days however orders may be delayed due to high volume of orders.
LOST OR DAMAGED GOODS
If your order is lost or damaged in transit, please call us 02 6962 7477, 9am – 5.30pm Monday to Friday so that we may assist you.
When your online purchase is complete you will receive an email containing your order confirmation and delivery details. This email will also include a link which will allow you to track the status of your delivery.
INSURANCE / WARRENTY
12 month guarantee and 30 day change of mind policy applies to online purchases. Conditions apply.
All products sold by Maleny Jewellers are subject to the Consumer Guarantees Act 1993.
The guarantees made under the therefore mentioned Act are that the goods sold to consumers will:
- Be of acceptable quality – meaning they will do what they are made to do, and they are acceptable in appearance and finish
- Be fit for a particular purpose that a customer may enquire about
- Match the description given in any advertisements or marketing communications
- Match the sample or demonstrated model
- Be owned by the consumer upon it being purchased from our store
Why not take advantage of our unique diamond guarantee on manufacture and quality. We’re proud of our reputation for providing quality jewellery of the highest caliber. In fact, we’re so confident of the quality and workmanship of our jewellery, that every item in our annual diamond catalogue carries our unique Diamond Guarantee.
Our guarantee ensures you have selected the finest quality and value for money, covering any manufacturing faults and is conditional upon us making free inspections every six months over the guarantee period.