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Website Terms Of Use

Terms & Conditions

Jolie Jewellery Website Terms 

Welcome to Jolie Jewellery Pty Ltd and thank you for shopping with us.

Jolie Jewellery Pty Ltd is an Australian-owned and operated business based in Sydney, Australia. We specialise in providing natural gem stones and South Sea Cultured Pearl Jewellery of the highest standard.

Jolie Jewellery Pty Ltd jewellery is set in a range of precious gold and sterling silver. We work closely with local and international pearl farmers and gemstone suppliers, and continually strive to source the best quality pearls and gemstones. As our pearls are a naturally cultivated gem, each pearl is unique and will have variations in size, shape, lustre and colour.

These Terms and Conditions govern the use of www.joliejewellerydesigns.com ("the website") and the purchase of any goods from it. The website is owned and operated by Jolie Jewellery Pty Ltd ACN 665 258 837 (Jolie Jewellery, we, us). Should you have any questions, please contact Jolie Jewellery via email information@joliejewellerydesigns.com or please call on 1800 155 392 prior to ordering from this website.

SECURITY

We want you to be able to order from joliejewellerydesigns.com with total confidence. As such we have provided a secure transaction environment to shop with confidence. 

PRICING

All prices quoted in the web site are in Australian dollars. Prices quoted are correct at time of printing but are subject to change without notice. 

This website is owned and operated by Jolie Jewellery Pty Ltd ACN 665 258 837 (Jolie Jewellery, we, us). These terms and conditions (Terms) apply to your use of this website (www.joliejewellerydesigns.com and www.joliejewellerydesigns.com.au (Website), including your purchase of any products we make available via the Website (Products).

By clicking "I accept", ordering any Product, or otherwise accessing or using this Website, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you must not access or use our Website, or order any of our Products.

We reserve the right to update these Terms from time to time. You should check this page regularly and take note of any updates. Any changes to these Terms will only apply to transactions that occur after the effective date of the update. Your continued use of our Website after the effective date of the change constitutes your agreement to the updated Terms.

1.              Your warranties 

1.1           You represent and warrant that: 

(a)            you have legal capacity to enter into this agreement;

(b)            all details you provide to us for the purpose of purchasing the Product, including payment details, are true, correct and submitted in good faith; and 

(c)            you will only use this Website for lawful purposes.  

2.              Your Account

2.1           In order to purchase Products from us online, you will need to create an Account by following the prompts on the Website. 

2.2           You warrant that you will: 

(a)            ensure that all Account information is accurate and up-to-date; and

(b)            keep your login credentials confidential and secure, and not allow any other person to access our Website using your username or password.

2.3           You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your Account on our Website.

3.              Pricing and Product details 

3.1           You may use our Website to browse and purchase Products. Availability, prices and specifications for Products on the Website are subject to change.

3.2           Unless otherwise indicated on the Website: 

(a)            all delivery costs are to be paid by you and are not included in the price; and

(b)            all prices quoted on the Website are in Australian dollars and are inclusive of GST. 

3.3           Where we provide images of Products on the Website, these images are intended as a guide only and we do not guarantee that our Products will exactly match those pictured on the Website. For example, the appearance of colour may differ slightly when an item is viewed on the Website from the colour of the item when viewed in person.

3.4           If we incorrectly price a Product and you make an order, we will contact you to let you know and we will give you the opportunity to cancel your order with a full refund, or to purchase the Product at the correct price.

4.              Availability

4.1           We will endeavour to supply all Products we make available for purchase on the Website and to remove Products as they become unavailable. However, we do not guarantee availability. Where a Product you order is unavailable, we will contact you in order to offer an alternative item, refund or credit.

5.              Orders

5.1           When you place an order with Jolie Jewellery, it is an offer by you to purchase a particular Product for the specified price shown on the Website at the time of the order and in accordance with these Terms. Unless we have agreed to an alternative arrangement with you in writing, you must pay for the Product in full, including the applicable delivery costs and taxes, at the time of check out.

5.2           After you have completed the checkout process on our Website, we will send you an email confirming the details of your order and a receipt. We will send you a further confirmation email once your Product has been dispatched, which will also include details of the estimated time frame for delivery. 

5.3           Jolie Jewellery reserves the right to reject your offer to purchase Products for any reason whatsoever, including where: 

(a)            there is a problem with your order, such as an issue concerning pricing or availability, quantity purchased, or insufficient payment or delivery details;

(b)            we are unable to supply the Product to you within a reasonable time frame; 

(c)            your payment has been dishonoured or reversed; or

(d)            we determine the risk of payment fraud to be too high.

5.4           If we cancel your order, we will contact you and, where relevant, offer you an alternative.

6.              Payment

6.1           We use third party gateways, such as WIX, Square and Zip, to process payments for purchases made on our Website.

 

6.2           You represent and warrant that all details you provide to us for the purpose of purchasing a Product from us will be correct, that the credit or debit card, or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the price of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.

6.3           If your payment is dishonoured or reversed for any reason after it has been submitted but before the Product has been dispatched, you must immediately make the payment again. We reserve the right to delay processing your order or dispatching the Product until we receive full payment. 

7.              Promotions and discounts

7.1           Jolie Jewellery may from time to time issue discount codes for use on the Website (Discount Codes). It is your responsibility to ensure the Discount Code is valid, and that you enter the Discount Code at the time of making your purchase online. We cannot apply Discount Codes retrospectively once you have submitted your order.

7.2           Unless otherwise specified, a Discount Code cannot be used in conjunction with other offers, is non-transferrable and cannot be redeemed for cash or credit.

7.3           Additional promotional terms and conditions may apply to the use of any promotion we offer.

8.              Delivery 

8.1           We use third party couriers to deliver our Products. Accordingly, delivery times may be impacted by shipping and other factors outside of our control and we cannot guarantee delivery times.  Any dispatch times and delivery dates we provide are estimates only.  

8.2           You must provide us with a valid delivery address for the delivery of Products. You will be responsible for any additional re-delivery fees if you specify an incorrect delivery address. 

8.3           Title in a Product purchased by you transfers to you once we have received full payment from you. Risk in the Product transfersto you once we have dispatched the Product. We are not responsible for damage to Products in transit, and recommend you obtain your own freight insurance if you are concerned by the risk of damage during transit.

9.              Returns and refunds

9.1         We only accept returns as set out in this clause 9 or as required under Australian Consumer Law or other laws that cannot be excluded by agreement between the parties. It is your responsibility to assess the suitability of our Products prior to making a purchase. 

9.2           Jolie Jewellery has a 14-day return policy, which means you have 14 days after receiving your item to request and return the item. To be eligible for a return, your item must be in the same condition that you received it, unworn and unused, with tags, and in its original packaging. 

 

You must first confirm your return or exchange with our customer service team by email, jolie.designs.sales@gmail.com, prior to returning your item and quoting your order reference number (please refer to your order confirmation e-mail); the item's you are returning or cancelling; and the reason for return or exchange. Once confirmed with our customer service team, items should be returned to the below address. Items sent back to us without first requesting a return will not be accepted. Unfortunately, we cannot accept returns on sale items or gift cards.

Jolie Jewellery Pty Ltd
PO Box 232 
SANS SOUCI  NSW  2219

 

Once the return is accepted, shipping your return back is quick and easy with the pre-paid label included in the package.

 

All returns must be done within 14 days of the dispatch date for a full refund to the full purchase price amount. Jolie Jewellery charges a flat AUD$45.00 Return Fee on returns.

 

To start a return or for any queries, you can contact us at email address, jolie.designs.sales@gmail.com

9.3           If you believe you have received a faulty or incorrect Product, please let us know within two business days and return the Product to us with its original packaging.  We reserve the right to inspect the returned Product before determining whether a replacement, repair or refund is offered. 

9.4           We will notify you via email when your request has been processed. Any applicable refund will be made to you using the same payment method you used to make the original purchase. The refund, if granted, may take a few days to process or appear back in your Account.

9.5           This clause 9 should be read subject to clause 10 (General liability) and clause 11 (Non-Excludable Rights). 

10.           General liability

10.1        To the extent permitted by law, neither party will be liable to the other party for any indirect or consequential loss suffered or incurred by the other party whether in contract, tort (including negligence) or otherwise in connection with these Terms. 

10.2        Subject to clause 10.3, the liability of Jolie Jewellery for any loss or damage, howsoever arising (including negligence) suffered by you in connection with these Terms or your use of Website is limited to the greater of: 

(a)            if your claim relates to a Product, an amount equal to the fees paid by you to Jolie Jewellery for that Product; or 

(b)            otherwise, $2,000. 

10.3        Clause 10.2 does not apply:

(a)            to our liability to you for losses that you suffer or incur relating to our failure to comply with any consumer guarantee set out in the Australian Consumer Law; or

(b)            to the extent that they would cause us to contravene a law or cause the applicable clause to be void or unenforceable.

10.4        Each party's liability to the other in connection with these Terms will be reduced proportionately to the extent that the other party or any of its personnel caused that loss. 

11.           Non-Excludable Rights

11.1        Nothing in these Terms is intended to have the effect of excluding the Australian Consumer Law or any other applicable law that cannot be lawfully excluded, restricted or modified by agreement of the parties (Non-Excludable Rights). To the maximum extent permitted by law, the liability of Jolie Jewellery in respect of any breach of or failure to comply with any Non-Excludable Right (which cannot be excluded but which can be limited) is limited to Jolie Jewellery doing one or more of the following (at its election):

(a)            in the case of the services, the re-supply of the services or the payment of the cost of having the services supplied again; and

(b)            in the case of the goods, replacing those goods or supplying equivalent goods, repairing the goods, paying the cost of

replacing the goods or acquiring equivalent goods, or paying the cost of having the goods repaired.

12.           Advertisements and links to third party websites

12.1        The Website may contain advertisements and links to other sites on the internet that are owned and operated by third parties(Third Party Websites). Those links are provided to you as a free service for your convenience only.

12.2        Any dealing between you and a Third Party Website is solely between you and the owner of that website and you use and access any Third Party Websites at your own risk. We have no control over the Third Party Websites and we accept no responsibility for them or for any loss or damage that may arise from your use of them. 

12.3        Any link from the Website directing you to a Third Party Website does not imply our endorsement or approval of that Third Party Website, or any product or service being offered, provided, advertised or promoted on that Third Party Website. To the extent permitted by law, we do not make or give any representation or warranty, whether express or implied, as to any matter relating to any Third Party Website, including but not limited to the currency, reliability, accuracy and completeness of information provided on that Third Party Website.

13.           Intellectual property

13.1        You acknowledge that all material published or appearing on the Website, including the trade marks, designs, layout, logos, graphics, images, icons, photographs, typefaces, software, data, information, pictures, and other materials, including all third party content and user generated content (collectively, Content) is owned by or licensed to Jolie Jewellery. The Content must not be reproduced, published or transmitted for any purpose without prior written consent of Jolie Jewellery, or as required by law.

14.           Privacy 

14.1        Please review our Privacy Policy, which is available here

14.2        By using the Website, or otherwise providing us with any of your information, you agree for Jolie Jewellery to collect and handle your information in accordance with the terms of our Privacy Policy, as amended from time to time.

15.           Your conduct 

  1. You must not:

(a)            use the Website in breach of any laws or regulations;

(b)            use the Website to harm, abuse, harass, stalk, threaten or offend others; or

(c)            interfere with or disrupt the Website.

15.2        Without limiting the above, you must not and must not permit a third party to:

(a)            use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the Content; or

(b)            do anything that may damage, disrupt access to or interfere with the proper operation of the Website.

16.           Website access and risks 

16.1        Access to this Website is permitted on a temporary basis, and we reserve the right to amend or take down this Website at any time. 

16.2        Jolie Jewellery makes reasonable efforts to ensure that the Website runs efficiently and smoothly, however we take no responsibility and will not be liable for any loss you suffer as a result of the Website being unavailable.

16.3        You acknowledge and agree that use of the Website carries with it risk, including the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any third party content or third party website. 

17.           Term

17.1        These Terms are binding on you from the date that you first access, use or register for an Account and continue until terminated in accordance with these Terms.

18.           Termination and suspension of your Account 

18.1        We may, acting reasonably, suspend your use of and access to your Account, for a reasonable period until the issue has been resolved, for any of the following reasons:

(a)            to comply with our obligations under any applicable laws, or where requested by law enforcement or other government agencies;

(b)            your non-payment of the applicable fees; 

(c)            your fraud or suspected fraud; or

(d)            where unexpected technical or security issues or problems arise.

18.2        You may cancel your Account at any time, for any reason, by logging into the Website and following the prompts to delete your Account. 

19.           Consequences of termination

19.1        If your Account is terminated for any reason then in addition to any other rights we may have:

(a)            your right to use the Website will immediately be limited to the portions of the Website that do not require account registration; and 

(b)            we may retain records relating to your Account in accordance with general legal and accounting requirements.

20.           Severability

20.1        If any provision of these Terms is deemed to be invalid, illegal or unenforceable, that will not affect or impair the validity, legality or enforceability of the remaining terms and those remaining terms shall remain in full force and effect.

21.           Governing law and jurisdiction

21.1        These Terms shall be governed by the laws of New South Wales, Australia. Each party irrevocably submits to the non-exclusive courts of New South Wales, Australia and courts of appeal from them.

22.           Contact

22.1        If you have any questions or concerns in relation to the Website or the Terms please contact us using the following details:

Jolie Jewellery Pty Ltd
PO Box 232 
SANS SOUCI  NSW  2219

Email: information@joliejewellerydesigns.com
Phone: 1800 155 392

23.           Definitions

23.1        In these Terms, unless the context requires otherwise:

(a)            Account means a registered Account with us on the Website;

(b)            Content has the meaning given in clause 13. 

24.           Interpretation

24.1        The following rules of interpretation apply to these Terms unless the context required otherwise:

(a)            the singular shall include the plural and vice versa;

(b)            another grammatical form of a defined word or expression has a corresponding meaning;

(c)            a reference to a 'person' or 'entity' includes any individual, firm, company, partnership, joint venture, unincorporated body or association, trust, corporation or other body corporate and any authority (whether or not having a separate legal personality);

(d)            a reference to a clause, party, annexure, exhibit or schedule is a reference to a clause of, and a party, annexure, exhibit and schedule to, these Terms and a reference to these Terms includes any clause, annexure, exhibit and schedule;

(e)            a reference to these Terms or another document includes any variation, novation, replacement or supplement to any of them from time to time;

(f)             a reference to conduct includes any omission, representation, statement or undertaking, whether or not in writing; and

(g)            references to "includes", "including" or like words or expressions are not intended to be exhaustive and shall be read as if followed by "without limitation". 

These terms were last updated 9 March 2023.

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