Terms & Conditions
Thank you for visiting our website. This website is owned and operated by Clare Quinlan Jewellery. By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy. You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.
In these Terms, us, we and our means Clare Quinlan Jewellery. 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.
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.
All purchases made through this website are secure and your details will not be passed onto a third party.
Purchases can be made by selecting your item/s, adding them to your shopping cart and then completing the checkout process. At which case, you will receive an order confirmation and invoice to your nominated e-mail address.
Where postage is applicable, this will be notated on the product description and also applied to your shopping cart at the checkout.
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.
Delivery process & times
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 hello@clarequinlan.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.
Photography & 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 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.
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.
Intellectual Property Rights and the use of this Website
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, images, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensor’s. Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
No Commercial Use
This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
Linked sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Promotions
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 and Paypal. We 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.
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 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.
VIP email list
We offer those who sign-up for our VIP email list advanced notice of sales, new collections, launches and other CQJ 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.
Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to- date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure. We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
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.
Privacy
For our privacy and policy statement, please refer to our Privacy Policy.
Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
- using this website to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the
- posting or transmitting to this website any non-authorised material including, but not property of other individuals; limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security. If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to- date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure. We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
Jurisdiction and governing law
Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
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.
General provisions
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.