INTRODUCTION
These terms of use governs your purchases from, and your use of, the www.alexanderdauvin.com website and forms a contract between you and Jewellery & Watches Group Pty Ltd. By making a purchase from, and using, this website you have agreed to these terms of use. Please make sure that you have read and understood these terms of use when using our site.
- Amendments to terms and conditions
We reserve the right to amend these terms and conditions from time to time.
2. Your account and password
We may provide you with an account login (including a username and password) to verify your identity when you use this website. You must ensure that your account details are complete and accurate when submitted to us, that the information that you have given is true and correct, and you must keep your account details up-to-date. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
You agree that you are solely responsible for any use of the website by any person using your username and password (including any purchases made via the website). You agree to release and indemnify Jewellery & Watches Group Pty Ltd in relation to any claims, loss or liability arising out of the unauthorised use of your username or password (including any failure to keep your username or password secure and confidential).
3. Ordering goods on this website
This website and the information on it constitute an invitation to treat and not an offer by us to supply goods. When you submit an order to purchase goods from us, this constitutes an offer from you to buy those goods in accordance with these terms and conditions. No contract for the sale and purchase of those goods shall be formed between you and us until we accept your order by sending you an acceptance ‘confirmation of acceptance’.
You may submit an order to purchase goods from us by completing the order form and submitting the order confirmation on this website. You must provide all required information (including your name and physical address) or we may not be able to process your order.
No order shall be deemed accepted by us until we have sent you a ‘confirmation of acceptance’ confirming that we have accepted your order. An ‘order confirmation’ is not a ‘confirmation of acceptance’. However, a shipping confirmation may, in accordance with its terms, constitute a ‘confirmation of acceptance’. We will endeavour to notify you whether we have accepted or rejected your order and, if applicable, to confirm the delivery details for your order within 3 Business Days after receiving your order.
By submitting an order on this website you agree to be bound by our Returns and Refund Policy.
4. Payments
We may vary any prices on this website at any time without notice to you.
The price payable by you for orders accepted by us shall be the price quoted on this website for the relevant goods at the time your order is submitted (subject always to section 5 below, in relation to incorrect prices), together with the applicable delivery fees (which are payable in addition to the price of the goods). Except where specifically stated in relation to a particular good, the prices for the goods are stated and are payable in Australian dollars (AUD).
You shall pay for your orders by credit card or Paypal™ using the online transactions facilities provided or by authorizing Jewellery & Watches Group Pty Ltd to charge your payment card account for the total price of the goods ordered and the applicable delivery fees at the time the goods are dispatched.
If there is a problem with your payment (for example, if your payment card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.
Promo Codes should be entered during the checkout process to be valid. Attempting to add a promo code after purchase will not be honored.
5. Availability, Cancellation and Rejection of Orders
All orders are subject to the availability of goods. We may reject or cancel any order due to unavailability of any good. If for any reason a good is not available, we will endeavour to notify the non-availability on this website. We may revise the range of goods or the specification of any good at any time (save and except for where we have confirmed our acceptance of your order) without notice to you.
Where any good is listed on this website with an incorrect price or with incorrect information, we reserve the right to reject or cancel your order (regardless of whether you have made payment for that order). You acknowledge and agree that we have no obligation to sell any good either online or in-store where that good is listed with an incorrect price or with incorrect information. Where you have already made payment for an order that is subsequently rejected or cancelled by us, we will refund the full amount paid by you in relation to that order.
You may cancel your order any time prior to the time that we send our confirmation of acceptance for that order. Once we have sent our confirmation of acceptance for your order, you may not cancel that order.
6. Delivery and delivery fees
Goods purchased online from this website are eligible for delivery to addresses Australia and overseas. We use Australia Post to deliver such goods.
The applicable delivery fees are clearly displayed in your local currency at the time of purchase.
Once we have confirmed our acceptance of your order, we will endeavour to dispatch your order within 3 Business Days unless a different timeframe is specified in relation to a particular good. If we are unable to dispatch your order within this time frame we will endeavour to contact you and advise you of the expected dispatch date.
You may specify delivery instructions for your order (for example, you may authorise the courier to leave the goods in a specified location if you will not be at the delivery address). We will not be responsible or liable for anything that happens to any order that is delivered in accordance with your delivery instructions.
Although we will endeavour to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.
We retain ownership and title of the goods we supply to you until we have received the full price for the goods and the applicable delivery charges. Once your order has been delivered to you (or has otherwise been delivered in accordance with your delivery instructions), as evidenced by confirmation provided to us by Australia Post, you assume full responsibility for and risk in the goods.
You have the right to cancel purchases and return delivered goods by contacting our customer service within 14 days from receiving the goods provided the goods are unpacked and in the same condition as when you received them. However, the customer is responsible for the risk for transporting the returned goods.
7. Customs, duties and taxes
Each package that contains a good that you have purchased may be subject to Taxes of the country to which such package is shipped. All such Taxes are your responsibility.
When you purchase a good online from www.alexanderdauvin.com you are the “importer of record” and you must comply with all laws and regulations of the country to which such good is shipped.
Customs policies vary widely from country to country so you should contact your local customs authority for further information about such charges.
8. Non-excludable guarantees under the Australian Consumer Law
All goods purchased from this website 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 replaced if the goods fail to be of acceptable quality.
The goods will not be of acceptable quality if such goods:
(a) are not fit for all the purposes for which goods of that kind are commonly supplied;
(b) are not acceptable in appearance and finish;
(c) have defects;
(d) are unsafe; or
(e) are not durable.
Additional contractual warranties and guarantees in relation to our goods
In addition to your rights under the Australian Consumer Law, we offer 24 month limited warranty from the date of purchase against defects in material and/or workmanship on all of the goods that we sell.
9. Returns & Exchange
Consumers have the right to return and Exchange the order within 14 days of receiving the order. The right applies only in the case that the product and its original packaging can be returned in the same condition as when received and all plastic films are in place. If consumers use their right to send back an order they should contact us in order to get an address to send the goods to.
Return shipping is paid by the costumer. If an item is damaged during transport, we should be contacted within 7 days.
10. Jewellery & Watches Group Pty Ltd’s liability and exclusions on warranties and guarantees
Subject to any rights you may have under the non-excludable guarantees under the Australian Consumer Law we may impose fees payable by you in relation to any repair/service not covered by the guarantees under the Australian Consumer Law or the 24-month limited warranty.
Jewellery & Watches Group Pty Ltd’s liability for any breach of any warranty or consumer guarantee for goods or services is (to the extent permitted by law) limited to re-supplying the goods or services the subject of your order or refunding the costs of the goods or services (at its sole discretion).
The 24-months limited warranty exclude, to the extent permitted by 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 authorised repairers, theft, disappearance, loss (including lost stones) or any other type of use causing deterioration.
Loose diamond or stones supplied by Jewellery & Watches Group Pty Ltd and assembled by someone other than Jewellery & Watches Group Pty Ltd or its authorised agents can be damaged during jewellery assembly (Third Party Damage). Such Third-Party Damage will not be covered by the 24-Month limited warranty and (to the fullest extent permitted by law, including Australian Consumer Law) any consumer guarantee, andJewellery & Watches Group Pty Ltd will not be liable for any such Third Party Damage or any claim arising as a result of, or in connection with, such Third Party Damage.
To the fullest extent permitted by law (including Australian Consumer Law) Jewellery & Watches Group Pty Ltd reserves the sole right to judge whether or not an item of jewellery has been subject to ordinary wear and tear, misuse, abuse, alteration, substitution, improper repair or warranty service performed by someone other than Jewellery & Watches Group Pty Ltd (or its authorised repairers), theft, disappearance, loss (including lost stones) or any other type of use causing deterioration. If in our sole discretion, such jewellery shows signs of any of the foregoing, the 24-month limited warranty will be entirely void.
When a good is repaired under the original contractual warranty term, only the remaining term of the original contractual warranty will continue to apply (e.g. if a good is purchased under the 24-month limited warranty and returned for repair after 23 months from the date of purchase, once the repaired good is handed back to the customer, the remaining warranty term will be only 1 month and any other repairs after this term will be outside the original warranty period and may be charged accordingly). This limitation does not apply to consumer guarantees under the Australian Consumer Law.
11. Watches Warranty
Warranty term: Two year from the date of purchase. This warranty covers manufacturing defects on the watch itself (movement, case, crystal). Other parts than the above are not covered by this warranty. To have replacement covered under this warranty performed, please use our contact form on the “contact us” page. In the e-mail you need to specify your name, address, order number and a detailed description of the issue. Finally, write ‘reclaim of purchase’ as subject of the e-mail or letter.
If we cannot find any defects described above, the product will be sent back to the customer. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
Note that repair/replacements will be charged in the following cases, even during the warranty term.
- Failure or damage caused by improper use or carelessness (knocks, dents, crushing, broken crystal, etc.)
- Failure or damage caused by unjustifiable repair or modification
- Failure or damage caused by fire or water, or a natural disaster such as for example an earthquake
- Esthetical changes that occur during normal wear and tear and aging (minor scratches, etc.; on the case and/or crystal, alteration of the colour on the wristband and the peeling of the plating)
- In case the retail store and the purchase date are not indicated on the warranty, or if this information has been rewritten
- If the warranty is not submitted along with the watch.
- Battery replacement will be charged even during the warranty term.
The case, dial, hands, crystal, watchband or other parts thereof may be replaced with substitutes if the originals are not available.
This warranty warrants that you can receive free replacement in accordance with the terms set forth herein and within the specified term, and shall not restrict any lawful right of the Customer.
12. Complaints
It is important that you as a customer carefully check your goods / products when you receive your shipment in order to verify that the products are not damaged and correct. If your product is damaged in transport, whether the damage is visible or hidden, you must report this as soon as possible to the carrier. If you receive your item and see that it is damaged or does not match the one you ordered, you shall also contact us within 7 days from receiving the product.
Any complaints shall be made to our customer service through email. Please supply the order number and the reason for complaint and we will get back to you shortly. Defective products should be treated as if they were faultless. It is in all types of returns extremely important that the product is packaged in such a way that it cannot be damaged during transit. We have the right to replace defective goods with goods of the same model. In the case that a returned product has no errors or faults, we will send the product back to the customer.
13. Disclaimer in relation to website
You acknowledge and agree that, despite all reasonable precautions on our part, this website is not, and cannot be, guaranteed to be error free, uninterrupted, timely, complete, or secure and acknowledge that the existence of any such errors, interruptions, delays, incompleteness, or security limitations will not be a breach of these terms and conditions. We will not be liable to you should this website or any services supplied through this website contain errors, or become unavailable, interrupted, or delayed for any reason.
To the maximum extent permitted by law, we do not accept responsibility or liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, including any such loss arising out of your use of or reliance on information contained on, or accessed through, this website, or concerning any goods or services ordered by you from this website.
If the limitation of liability in clause 14 above is held to be invalid in whole or in part, then our maximum aggregate liability to you for all loss, damages, costs, and expense (other than for any damage, cost and expense that cannot be limited at law) will not exceed the amount of one Australian dollar (AUD$1.00).
To the maximum extent permitted by law, we provide this website and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.
14. General warnings
Although all reasonable care is taken to ensure that photographs appearing on this website reflect as accurately as possible the actual size of goods, you acknowledge that due to the inherent difficulties with photographing items of jewellery, some goods may appear larger or smaller than their actual size when represented on this website.
Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.
Jewellery & Watches Group Pty Ltd.
ABN 54 642 750 409