Terms and Conditions

COMPANY INFORMATION

MICHAELSON ENTERPRISES T/A PETERMICHAELSONJEWELLERY & PHOTOGRAPHY

ABN 8515 829 3657

MAILING ADDRESS: PO BOX 1150, Double Bay, NSW 1360.

PH 02 9328 7588, M 0411311411

E: peter@petermichaelsonjewellery.com.au, E: peter@michaelson.com.au

INTRODUCTION

This Agreement contains the complete terms and conditions that apply to you in joining, buying, selling and all other activities you will make in/on our website.

By using or shopping from this Web site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.

USE OF THE SITE AND PROHIBITIONS

The Site allows you to buy, sell and shop online.
However, you are prohibited to do the following acts, to wit: (a) use our site, including its services and or tools if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users personal information; (d) post false, inaccurate, misleading, defamatory, or libelous content; ¨For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process/purchasing process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account.
You must not transmit any worms or viruses or any code of a destructive nature.

PAYMENTS AND PROCESSING OF INVOICES

PeterMichaelsonJewellery has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by PeterMichaelsonJewellery prior to the latters acceptance of an order. Payment for the products shall be made by credit card, paypal or bank transfers. A purchase automatically creates an invoice, invoices are due and payable immediately, measured from the date of the sale/invoice. An order may be invoiced separately.
PeterMichaelsonJewellery has all the discretion to cancel or deny orders. PeterMichaelsonJewellery is not responsible for pricing, typographical or other errors by PeterMichaelsonJewellery and reserves the right to cancel any orders arising from such errors. Invoices must be paid immediately prior to the shipping or sending of any items. All shipping within Australia is complimentary.

RISK OF LOSS

All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT PRICING & DESCRIPTIONS

The List price displayed for products on our website represents a substantially discounted retail price listed on the product itself, priced by the manufacturer or retailer or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the list price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set.¨ Product descriptions or other content of this site are as accurate, complete, reliable, current, or error-free as possible. In the unlikely event a product offered in our website is not as described, your sole remedy is to return it in unused condition for a full refund. We may edit, delete or modify any of the terms and conditions contained in this agreement at any time and in our sole discretion by posting a notice or a new agreement on our site. Your continued participation in our program, by visiting and shopping in our site following our posting of a change of notice or new agreement on our site, will constitute acceptance of the change.

ACKNOWLEDGEMENT OF RIGHTS

You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected, PeterMichaelsonJewellery shall resort all remedies available to us and you shall be responsible for all costs and legal fees arising from these fraudulent activities.

WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY

We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed AUD (one thousand) or the total price of the subject products paid or payable to you whichever is less.

We make no express or implied warranties or representations with respect to the program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You and understand and agree that your use of this site is at your own risk.

Confidentiality – you agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of PeterMichaelsonJewellery. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

NON-WAIVER

Failure of PeterMichaelsonJewellery to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the substantive laws of Sydney, Australia, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Sydney, Australia, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein. Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

PRIVACY

DATA PROTECTION AND PRIVACY

In addition to allowing us to check your creditworthiness and process your orders, the personal data you submit and our records of your visits to the Site, will be used to monitor and improve our service to you. To proceed with your order, we have to process and store your data, and provide your data to third parties who are directly involved with your order, e.g. our carriers. By placing an order with us, you agree to your data being processed by PeterMichaelsonJewellery and its agents. Your information will not be used for marketing purposes unless you elect to receive marketing information from us at the time of purchase, or if you have previously joined as a member. In these instances, we may send you emails and marketing material displaying our products and services and may telephone or email you in order to tell you of promotional offers. We will respect the privacy of your personal data and will comply with all relevant and current data protection and privacy legislation. We will not disclose your personal data to anyone, unless required to do so by a court of law. By using this site, you consent to the collection of information by PeterMichaelsonJewellery. If you wish to update or delete your personal information or if you prefer that we not inform you of promotional offers, please contact PeterMichaelsonJewellery via our site.

ONLINE SECURITY

TRANSACTION SECURITY

This website features a secure transaction environment. SSL encryption is utilised to protect your personal information. Your credit card details are encrypted and processed by our eway accredited gateway provider, one of the leaders in the field of secure transaction processing. We use Cookies to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping basket at any time. If you do not accept Cookies you will be unable to use this Website.

PAYMENT METHODS

You may make payment using Visa, MasterCard, Amex, JCB, Bank Transfer or Paypal. You confirm that the card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason authorise payment to us, we will not be liable for any delay or non-delivery.

STANDARD DELIVERY

It is your responsibility to provide a secure, attended delivery address. We deliver only within Australia. Our method of shipment is Registered Australia post and via courier in some instances at our discretion. Delivery is included in the purchase price. We will ship within two working days of accepting your order if the otem is purchased directly online. For any custom made jewellery, the item will be shipped within two days of its completion date, however delivery times are not guaranteed. Purchases of multiple products will be delivered separately (but without affecting the delivery charges you agreed to at the time of purchase). An adult must be present at the delivery address to carefully check the item and sign and acknowledge that the product/s have been received in a satisfactory condition. If there are additional charges for remote areas or specialist request via courier delivery, you will be advised of these charges before your order is completed. These charges may be in addition to the amount paid as part of your transaction on this website. Please note that delivery may be limited to specific days in your delivery area due to carrier availability. Unfortunately, we are unable to agree specific requested delivery times and dates. Any visible damage to the Products or your property caused as a result of delivery must be reported to us immediately. We will not accept liability for visible damage not reported within two days of delivery.

PRICES

Prices are stated in Australian dollars, inclusive of GST for Australian customers.

REFUND POLICY

For items purchased online and bought site unseen as is, a seven day refund policy applies. This is valid if the items/s are unworn whilst in your possession and immediately returned in the original condition they were sent in and received into the possession of PeterMichaelsonJewellery within that time frame.

For items that have been ordered and altered eg sizings etc, there is a no refund policy. Where there has been a meeting or consultation between petermichaelsonjewellery in person and the buyer there is a no refund policy. Refunds apply purely to online transactions where the item is bought directly from the site as is and delivered to the client via post or courier securely. Any personal contact for any transaction does not warrant a refund.
We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the applicable laws. However, if goods are cancelled and we are notified within one day of delivery with valid reason, a refund maybe offered, at our discretion.

RETURNS & EXCHANGES

Return postage costs will be at the customers expense, unless the item/s received are faulty or not as ordered. In this instance, please contact Peter Michaelson at peter@petermichaelsonjewellery.com.au. When returning products, you should return them to us with proof of purchase, (invoice) unopened, unused and in their original packaging. Items are not refundable unless faulty or do not match the description or image shown at the time of purchase.

Returns by Post:

Peter Michaelson

PO BOX 1150

Double Bay, Sydney, NSW 1360

If you return Products by post, please ensure it is sent through registered post, person to person and that you include a returns slip and package item/s properly and securely so that they are not lost or damaged in transit. Contents must NOT be declared as jewellery. We will not accept responsibility for items lost in transit or declared as jewellery.

DEFECTIVE PRODUCTS

On delivery you are responsible for checking products carefully; any visible defects must be reported to us immediately. We will not accept liability for visible defects not reported within 2 days. Subsequently if you believe any of our products to be of an unsatisfactory quality, please contact us immediately and treat the product with utmost care whilst your claim is being processed.

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