OUR TERMS AND CONDITIONS
Welcome to the Jeff Einstein Website.
Please take a few minutes to review these Terms below (collectively, Terms).
1. Ownership of the Website
This Website (the Website) is owned and operated by Jeff Einstein Jewellery ABN 23 068 307 590 (JE, us, we or our). Should you have any queries in relation to the policies below or anything else on this Website, please contact us on 02 9363 1146, or by emailing to firstname.lastname@example.org
By using or accessing this Website you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree with these Terms then please do not use this online content.
2. Governing Law
These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
If you choose to access this Website from another location then you are responsible for compliance with applicable local laws. We cannot guarantee and do not represent that this Website complies with such local laws.
We may revise these Terms from time to time by posting updated Terms. Any revisions are effective immediately upon being uploaded to this Website. If you have previously used the Website we will not inform you as and when any revisions are made. You will need to access these Terms each and every time you use this Website to ascertain whether any Terms have changed. By continuing to use this Website after any changes become effective, you agree to be bound by the revised Terms.
4. Site ownership
The material on this Website is protected by copyright under the laws of Australia and other countries through international treaties.
Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this Website including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the contents) are owned or controlled, and are reserved by JE and its related companies, affiliates, licensors and licensees.
Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques used on the Website. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item. We use our best endeavours to ensure designs are accurately photographed and described at all times.
6. Website images
While we have endeavoured to show the items as true to their actual size, colour and proportion as possible you must understand that it is sometimes difficult to maintain these aspects in photography and how they appear on the Website. Please contact us if you would like further information about a particular item.
7. Information from and advertising and links to third party Websites
This Website may contain information from or hyperlinks and other pointers to internet websites operated by third parties.
Please note such information or websites are not under the control of JE and we shall not be responsible for the contents of any such information or website.
We provide any such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by us. You rely on such information or websites entirely at your own risk.
You are referred to the relevant third party websites for all information regarding the third parties' products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website.
8. Personal, non-commercial use
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Website solely for the proper and reasonable purposes of:
• placing an order with us; and/or
• using this Website as a shopping resource, provided that you do not modify the Website and that we retain all copyright and other proprietary notices contained in the Website contents; or
• you must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these Terms.
9. Prohibited conduct
You are not authorised, without our prior written consent, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create any derivative work from any content on this Website.
No trademark (whether registered or otherwise) that is contained on this Website or otherwise used by JE may be used without our prior, specific, written permission or that of the trademark owner.
10. We can use your feedback
You grant us an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this Website or otherwise provide to us from the time.
You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.
If you do not wish us to use any feedback in the manner above, then please do not send it to us.
USER CONDUCT AND INDEMNITY
11. General prohibitions
You must not upload, post, transmit or otherwise make available through this Website any material which:
• violates or infringes the rights of others (including their privacy and intellectual property rights);
• is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
• encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibits any other user from using the Website;
• affects the functionality or operation of the Website or its servers or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or
• breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require JE to take remedial action under any applicable industry code.
You agree to indemnify and will keep JE indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by us in connection with your use of this Website, your breach of these Terms of and Conditions or your breach of any rights of third parties.
BUYING PRODUCTS THROUGH OUR ONLINE CONTENT
13. Variations in products and pricing
Products may vary between our retail store and those found on the Online content. If purchased on the Website then the prices published on the Website shall apply.
Product ranges may also differ between our retail store and those found on the Online content. Only products shown on the Website may be ordered on our Website, unless we agree otherwise.
14. Ordering goods
Any order placed by you in the manner described in this Website is an offer by you to purchase a particular product for the price (including the delivery and other charges) specified on this Website at the time you place your order.
You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods being dispatched to you, subject to your compliance with any product-specific limitations shown on this Website.
We may change the prices published on the Website at any time. Prices of products placed in the 'checkout basket' but not paid for are also subject to change and you agree to pay the price current at the time of payment.
While every effort has been made to ensure the accuracy of prices, images and information displayed on this Website, we are not responsible for any error and reserve the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this Website, or an error in your order.
We may require additional verification or information before accepting any order.
15. Product prices
All prices are quoted in Australian dollars and are inclusive of GST.
All prices exclude any shipping or insurance costs, unless specified otherwise.
Prices displayed online are current at the time of issue, but may change at any time and are subject to availability.
Prices and availability of items offered for sale on this Website are subject to change without notice. Where permitted in all states, we reserve the right to limit sales, including the right to prohibit sales to re-sellers.
16. Return Policy for items sold online
Please choose your item carefully as we are not obliged to refund and/or credit a purchase if you decide you have changed your mind. Nor are we obliged to refund and/or credit a purchase if you place an order for the wrong size and/or length of any item.
If you have received the incorrect item please inform us immediately (but in any event within 7 days) and we will use best endeavours to rectify the matter immediately and ship the correct item to you – provided the first item sent to you is duly returned to us, and the shortfall (if any) between the first item and the correct item is paid beforehand.
If you have received a faulty item please notify us immediately (but in any event within 7 days) so that we can endeavour to resolve the issue as soon as possible. If an item is returned to us and found to have no defects it will be returned to you at your own cost.
We will not refund or replace an item which is deemed to have been damaged as a result of misuse and/or failure to take reasonable care.
Returns must be made through Australia Post (Express Post Platinum), and costs are to be carried by you. Alternatively you are welcome to come to the boutique at 3/17-19 Knox Street, Double Bay to arrange a return of goods.
Requests for Returns must be within 7 working days of receipt of the goods. Please contact us should you wish to return an item to us so we can supply you with a Return Authorisation Number.
If we agree to accept a return the item being returned needs to be unworn and in its original packaging. Items returned to us need to be sent with Australia Post (Express Post Platinum). Please notify us of the tracking number once the package has been sent. Please return such an item with a copy of the invoice to 3/17-19 Knox Street Double Bay, NSW 2028. Once the item has been verified as the same as that which was sent and in good condition we will issue a credit in your name.
All credits must be used in store or online within 2 months of issue.
Please note it is your obligation to ensure that any goods mailed to us are appropriately insured – we cannot accept any liability or responsibility if goods are lost, stolen or damaged whilst being posted to us.
Any complaints in relation to any faulty products ordered online MUST be made, in writing, via email at email@example.com within 7 days of the date of delivery of the product.
If no complaint is received in writing within that period of time then we shall assume that the products ordered have been duly delivered to you in good order and condition and are free of any faults or defects of any kind.
Proof of purchase is essential in relation to any request for a refund. If you do not have any proof of purchase, then any return is at our discretion. We may in lieu of any refund provide an exchange or gift card to the then current value of the item provided the item is in resaleable condition and is not damaged in any way.
We will endeavour to process any refund and/or credit within 30 days of receipt of the goods. We cannot accept any liability for any delays in processing.
If you wish to track the progress of any refund please contact us via email at firstname.lastname@example.org.
The Return Authorisation Number should be quoted in all correspondence.
All prices on our Website are quoted in Australian dollars.
When purchasing an item from our online store you can choose to pay by credit card (Visa® or MasterCard®), PayPal® (recommended for purchases over $5,000), or by direct deposit.
Our bank account details are as follows:
Bank Commonwealth Bank of Australia Limited
Account name Jeff Einstein Jewellery
BSB number 062 246
Account number 1000 8010
When making any EFT payment please clearly identify your name/ address/ contact details (if possible) at the time the payment is made. If possible please also send us an email notification so we can identify and confirm the payment at our office.
We will need to confirm funds are cleared in our account prior to shipping any purchased goods. We cannot accept responsibility for any delays in processing of payments by your credit card provider, bank, or Paypal® facility.
TITLE AND RISK
Title to the goods purchased from our Website online does not pass from JE to you until we have received payment in full for the goods.
All risk in the goods passes to you upon shipping to your nominated address (or collection from our retail store, if this is arranged with us).
DISCLAIMER OF LIABILITY
To the extent permitted by law, JE will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with:
• the use, copying, or display of the contents of this Website;
• goods or services supplied by us under these Terms; or
• a failure or omission on the part of JE to comply with its obligations under these Terms.
22. Limitation of liability
Our total liability to you (if any) in connection with this Website, or with these Terms or any goods or services supplied under them, will be limited, at our election, to:
• in the case of information or services supplied or offered by us, the re-supply of the information or services or payment of the cost of doing this;
• in the case of goods supplied or offered by us, repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this; and/or
• the amount paid by you (if any).
23. Disclaimer of warranty
We provide this online content or online purchasing facility on an 'as is' basis and use of this content is at your own risk.
JE and all related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on our Website (including in relation to any products or services offered). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this Website. To the extent permitted by law, JE expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of acceptability or fitness for purpose.
24. Rights we cannot exclude
The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Competition and Consumer Act 2010 (Cth).
25. Termination of online shopping facilities
Your ability to purchase goods from our Website may be terminated by us at any time without notice.
All restrictions, licences granted by you and limitations of our liability will survive notwithstanding any such termination.
TRADEMARKS & COPYRIGHTS
26. Our business name
The name JEFF EINSTEIN is a business name owned and used by us and should not be used under any circumstances without our express prior consent. The use of any business name that is substantially similar to our business name is also prohibited.
27. Our jewellery designs
We own all intellectual property rights in and to our jewellery designs. They must not be used or copied in whole or in part without our express prior written consent.
28. Our logos and packaging
We own all intellectual property rights in and to the design of the logos and packaging used in our business and this must not be used or copied in whole or in part without our express prior written consent.
29. Our Website design and functionality
We own all intellectual property rights in and to the design of this Website and this must not be used or copied in whole or in part without our express prior written consent.
30. Counterfeit Warning
Merchandise designed and made by JEFF EINSTEIN is available exclusively from our boutique and on this Website, and is not available through any other store or Website. Buyers should be wary of purported JEFF EINSTEIN® merchandise sold through unauthorized channels. Beware of counterfeit products.
We provide a receipt on purchase but not a certified valuation.
A certified valuation will be provided on request, at additional charge.
Whilst every effort is made to maintain the status of online stock availability there is a small chance that the item you order may not be available. In this instance we will notify you of the problem and issue you with a full refund.