TERMS & CONDITIONS
Welcome to lovefairley.com. The Website is operated by Fairley Pty Ltd Pty Ltd (ACN 164 128 625) (hereafter referred to as us/we/our).
Your use of this Website (including any purchases made) is governed by the following terms and conditions (Terms). Please take a moment to read and understand the Terms and are entering into a binding contract with us.If you do not agree with any of these Terms, please do not use the Website.
We reserve the right to amend these Terms at any time and you will be taken to have accepted any change by continuing to use this Website.
In these Terms, the term Website refers to the website located at lovefairley.com and any other URLs that we may have registered and may in future register and use for the purpose of linking to this Website.
Purchasing products (Goods) from this Website
This Website allows you to browse, select, order and purchase Goods displayed, as well as provide your feedback to us and, from time to time, subscribe to updates and special offers.
You may order Goods from us by submitting an order through our Website (order).
Any order placed through our Website is an offer by you to purchase each particular Good in accordance with this Agreement and we reserve the right to accept or reject an order you make using our Website for any reason.
Risk in delivery
Risk and title in Goods passes to you on the date and time of delivery of Goods to the delivery address provided in your order.
In the unlikely event of extended delays, we will endeavour to inform you. Any questions or follow up regarding delivery can be directed by email to email@example.com. Further, you acknowledge and agree that notwithstanding anything in these Terms, we cannot guarantee that delivery will occur within the precise time frames specified on the Website and that we are not liable with respect to any loss, damage, cost or expense you or any third party suffers as a result of a change in delivery times or delay in delivery.
To the extent permissible, we are not responsible for loss, damage or theft of Goods once they leave us however you are able to insure your Goods and you may also prefer to have your Goods shipped to a business address as an additional precaution.
While we accept orders for delivery outside Australia, you acknowledge that we use third party delivery or shipping companies to deliver Goods and you agree to your details including your delivery address to be supplied to the agent for the purpose of delivering your Goods. Further, on delivery you may be required to sign a proof of delivery document. If you are not available to take delivery your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address. It is your responsibility to follow the instructions stated on the calling card. If Goods need to be redelivered, you may be required to pay any associated fees for redelivery.
Further, if you require Goods that you have ordered to be redirected to an address that is not the original order address, we may charge you a reasonable fee for doing this. You acknowledge and agree that no warranty is made that redirection will be possible. As a precaution, you may prefer to have the Goods you order shipped to your business address.Jewellery images
Crystals naturally vary in size and colour and each piece of jewellery will naturally bear individual characteristics. While all Goods for sale on this Website are described and photographed as accurately as possible, the colours shown are representational only. Also there may be different settings on your computer monitors, the colours of Goods may vary slightly from what you see on your computer screen. If you need further clarification please contact us before you submit your order. If you want to be sure about the colour of your stones or other details of an item of jewellery and are concerned about possible variances, you may want to visit one of our stockists as listed on our website so that you can choose for yourself in-store. We not accept refunds or exchanges for stock bought from FAIRLEY stockists (please refer to our Returns Policy).Details you provide to us
It is your responsibility to ensure that the information you provide, including your name, delivery address, contact numbers, email address and orders are correct. Please check any details carefully before submitting an order to us.
You acknowledge and agree that we are not responsible for any loss or damage that you may suffer as a result of you providing incorrect information to us including, but not limited to, your name, delivery address, contact phone numbers or email addresses.Your use of this Website
You are provided with access to and are authorised to download material contained on this Website for your personal use only. You may not, without our written permission, onsell any information obtained from this Website, use any data mining robots or other extraction tools or metatag or mirror the Website. Further, you must take your own precautions to ensure that the process which you employ for accessing this Website does not expose your computer to the risk of viruses, malicious computer code or other forms of interference which may cause damage to your computer software and we take no responsibility for any interference or damage to your computer system that arises out of or in connection with your use of this Website.Prices, GST and taxes
All prices on our Website are listed in Australian Dollars or may be in other currencies as indicated on the Website. Where they are in Australian Dollars they include GST, you agree to pay the stated price (and any applicable shipping charges and taxes) in Australian Dollars for all orders. We reserve the right to change the prices of our Goods at any time without notice to you, however the price displayed at the time you place your order will continue to apply to you even if the price changes before your order is accepted by us.
From time to time, we may offer special discounts and promotions. These can be applied to your order by using a promotional code. In order to benefit from these promotions, you need to type in the promotional code in the space provided when you checkout. The value of the promotion will be automatically applied to your order. One promotional code may be used per transaction. Other than as required by the Competition and Consumer Act 2010 (for example if they are not of merchantable quality, not fit for their purpose or do match the examples on this Website), we do not provide refunds on promotional items.Payment
We accept Visa, MasterCard, Visa Debit, MasterCard Debit, Paypal, Afterpay and FAIRLEY gift vouchers which have been purchased from this Website. We do not accept AMEX and reserve the right to change our payment methods at any time.
All transactions on this Website are secure and encrypted (meaning that any information you provide is converted into code to hide that information from third parties) to ensure the privacy of any information you submit to us. This ensures that your credit card details and other personal information are safe and private. We utilise industry-standard Secure Sockets Layer (SSL) technology to allow for the encryption of potentially sensitive information. All personal information you submit, such as your name, address and credit card details, are encrypted before leaving your browser. This Website is registered with site identification authorities to enable your browser to confirm our identity before any transmission is sent.
If you are purchasing outside Australia and paying with a credit card, there may be additional charges imposed by your credit card provider where your purchase involves foreign exchange transactions.
If your payment is not received in full or declined by your bank or credit card issuer, we cannot hold product against your order.Conversion rates for international orders
You acknowledge that the conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee and you need to contact your bank or credit provider for details. If, in any part of this Website, there is an estimate of the price of an item in your home currency, these converted prices are for information purposes only, to help you get an idea of the approximate cost of a product. However, they may not be the exact amounts that will appear on your credit card statement and the final charge to your card is made in Australian Dollars and the ultimate conversion rate is determined by your bank or credit card provider. For this reason, we are not able to take responsibility for the final amount charged to your credit card or PayPal account.Gift vouchers
Gift vouchers are in Australian dollars, valid for 12 months from the date of purchase and can only be used for making purchases on this Website. One gift voucher may be used per transaction and they are non-refundable and cannot be redeemed for cash. Promotional codes cannot be combined with or applied to a gift voucher. You agree that we are not responsible if a gift voucher you buy from this Website is lost, stolen or used without permission. Gift vouchers are shipped to you free of charge regardless of value.Packaging
Each order will be gift wrapped and packed in our signature FAIRLEY jewellery box and pouch with jewellery care instructions.Cancellations
We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted. However, once you have submitted an order via this Website it may not be cancelled.Availability of Goods
You acknowledge and agree that from time to time, some Goods on the Website may be out of stock and we may not be able to fulfil all or part of your order. If this occurs, we will at our complete discretion use reasonable endeavours to either source the Goods or contact you within a reasonable time to either a arrange a full or partial refund or change your order to replace or exchange the Goods with a comparable Good in a similar price range (where available) as agreed with you, or come to an alternative arrangement.Product care
Each piece of FAIRLEY jewellery is handmade and some pieces require delicate handling. For this reason, please follow our care instructions that should be strictly adhered to. Damage from careless wear/storage or any improper care is not our responsibility. Please refer to our product care instructions.The stamp of authenticity
We take great pride in each piece of jewellery that we make and emboss each piece with our signature logo so that you know you are getting a genuine FAIRLEY product.VIP email list
We offer those who sign-up for our VIP email list advanced notice of sales, new collections, launches and other FAIRLEY news. The email addresses we collect are only used internally for the purposes as stated above. We respect your privacy rights and will not sell or rent your email address to other companies. If you would like to be removed from our email list you can do so by unsubscribing at the bottom of the emails sent to you.
Intellectual property rights
Unless otherwise noted, all content, including words, photographs and graphics on this Website are protected by Australian and international copyright and must not be reproduced, modified, republished, uploaded to a third party website, transmitted or distributed in any way without our express written authorisation.Further, FAIRLEY and the love Fairley (F heart) logo pictured as follows: are proprietary trade marks registered by us and may not be used by you without our prior written consent.Availability of this Website
From time to time, downtime, either scheduled or unscheduled, may occur. We will endeavour to work within reason to ensure the amount of down-time is limited and will not be held liable for the consequences of any down-time.Links to third party websites
This Website may contain links to other websites that are operated, controlled or produced by third parties. Unless stated otherwise, this Website does not control, endorse, sponsor or approve any such third party websites or their contents nor are we are liable for any loss or damage that you may suffer as a result of your visits to any third party websites.Interference with this Website
You must not make or attempt to modify, add, remove, hack, deface or otherwise interfere with this Website or to any material or content posted on this Website.Testimonials
Any review or other matter that could be regarded as a testimonial or endorsement about any Goods does not constitute a guarantee, warranty, or prediction regarding the outcome of any use of such Goods and you acknowledge that testimonials represent the anecdotal experience of individual consumers.Disclaimer
You acknowledge and agree that, to the extent permissible at law, this Website and all content appearing on it are provided on an "as is" and "as available" basis, without warranties of any kind. Further, images of the Goods displayed on this Website are for illustration purposes only and sizes and dimensions may vary in real life. Please ensure that you therefore read the corresponding description of any item before purchasing it. To the extent permissible at law, we exclude liability for any loss, damage or injury however caused (including through negligence), which you may suffer in connection with your use of this Website, or any other linked website and take no responsibility for any loss arising out of your use of or reliance on information contained on or accessed through this Website. We also exclude liability in respect of mistakes or inaccuracies on the Website, any unauthorised access to or use of secure servers and/or personal information and/or financial information stored on those servers, bugs, viruses, Trojan horses or other harmful code which may be transmitted to or through our Website by a third party or any interruption or cessation of transmission from our Website. We prohibit the use of any jewellery designs featured on this Website without prior written permission.
This Agreement is governed by the laws of the State of Victoria, Australia.
Events which are out of our control
We shall not be liable for any delay in performance of our obligations under these Terms if the delay is caused by circumstances beyond our reasonable control.
If we do not take action with respect to any breach by you or others of these Terms, this does not waive our rights to take action with respect to subsequent or similar breaches. Further, if any part of these Terms are found to be void, unlawful or unenforceable for any reason, then that part will be deemed severed from the remainder of these Terms and will not affect the validity of the remaining clauses. In the event that we merge, sell or otherwise change control of our business or this Website, we reserve the right and you hereby consent to us transferring, assigning or sub-licensing the rights to use of any personal information and/or user content that you have provided to us.