These terms and conditions apply to the use of this website - Kadina Jewellers, including the purchase of goods and/or services. By using this website, you agree to be bound by these terms and conditions.
We take all reasonable care to ensure website images reflect our products as accurately as possible. However, the actual size and colour of some products may appear different on the website than instore.
When you purchase goods or services through the website, you must pay for them at the time of purchase, in the manner specified under Payment Terms. We do not guarantee the availability of goods advertised on the website but will use reasonable endeavours to source the goods in a timely manner. All dollar amounts expressed on this website, are inclusive of GST, unless expressly stated otherwise.
RISK [this is based on delivery within Australia only]
The risk of loss or damage to the goods passes to you upon their dispatch. Products purchased online will only be delivered within Australia by Australia Post and couriers. While we use reasonable endeavours to have online purchases delivered to you as soon as possible, we make no guarantee as to the delivery date of goods, due to matters outside our control.
All goods purchased via this website are subject to our Returns Policy. The terms of our Returns Policy are incorporated into these terms and conditions by reference and you acknowledge that you have read, understood and agree to the Returns Policy before placing any orders with us.
WARRANTIES AND GUARANTEES
Our goods 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 repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
All products sold by Kadina Jewellers are subject to the Consumer Guarantees Act 1993. The guarantees made under this Act are that the goods sold to consumers will:
- be of acceptable quality – meaning they are fit for the purposes they are commonly supplied for, will do what they are made to do, are acceptable in appearance and finish, have no defects and are safe to use
- be fit for a particular purpose that a customer may enquire about
- match the description given in any advertisements or marketing communications
- match the sample or demonstrated model
- be owned by the consumer upon it being purchased from our store
In addition to the statutory guarantees, our goods come with a limited manufacturers’ warranty, for a period of 12 months from the date of purchase, covering against defects in material and/or workmanship. The manufacturers’ warranty may exceed this period of 12 months in relation to some goods. We will, at our sole discretion, repair or replace a defective product or provide a full refund for the purchase price. This is without prejudice to your rights at law including:
- relevant consumer protection legislation (including under the Australian Consumer Law); and
- the remedies under the 12 month limited warranty.
The 12 month limited warranty excludes, to the extent permitted in the legislation (including under the Australian Consumer 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 authorized repairers, theft or disappearance;
- loss (including lost stones) and/or any other type of use causing deterioration. Loose diamond stones supplied by the Kadina Jewellers, and assembled by someone other than the Retailer or its authorised agents, is not covered by the 12 month limited warranty and the Retailer will not be liable for any such damage.
You must present your original receipt for claim under the warranty. If this certificate of purchase has been altered in any fashion, the contractual warranty is void to the full extent permitted by law. Under the limited warranty period, only the remaining term of the original warranty will continue to apply when a product is returned for repair, (e.g. if a product is purchased under the 12 month limited warranty, and returned for repair after 6 months, the remaining warranty term will be 6 months, once the repaired product is returned to the customer). We also provide a 14 day change of mind returns policy.
We’re proud of our reputation for providing quality jewellery of the highest calibre. In fact, we’re so confident of the quality and workmanship of our jewellery, that every item in our annual diamond catalogue carries our unique diamond guarantee. This guarantee ensures the diamond you selected is of the finest quality and value for money. It also covers any manufacturing faults and is conditional upon us making free inspections every six months over the warranty period.
Please note that if the website contains any typographic errors then these are subject to correction. Items which are advertised as discounted, have been ticketed and offered for sale at the higher price, before the sale commenced. Sales may have taken place at lower prices. You acknowledge and agree that, despite all reasonable precautions on our part, the website cannot be guaranteed to be error free, uninterrupted, timely or secure and you acknowledge that the existence of any such errors, interruptions, delays or security limitations will not be a breach of this Agreement. To the full extent permitted by law, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the website, or any linked website, including (without limitation) any such loss arising out of your use of or reliance on information contained on, or accessed through, the website.
INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights on the website (including text, graphics, logos, icons, sound recordings and software) are either licenced to us by third parties or owned by us. You must not adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works in any form from these materials, other subject matter or any part of this website generally; or commercialise any works or other subject matter, information, products or services obtained from any part of the website, without our written permission. All brand, product and service names used on the website are the trademarks of us or third parties who have licensed us to use their trademarks. You are not allowed to use or reproduce any such trademarks in the course of trade, and you may only use such trade marks for accessing, viewing and/or interacting with the website for your own personal and non-commercial use. Unless we agree otherwise in writing, you are provided with access to the website for your personal use only. You are authorised to print a copy of any information contained on the website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not, without our written permission, on-sell information obtained from the website.
We may offer discounts and promotions, in respect of our goods and services, on occasion. The specific terms and conditions of these discounts and promotions will be located on a specific location on the website, however, these terms and conditions apply to those discounts and promotions, in addition to any specific terms and conditions. The provision of any such offers may be removed at any time on our complete discretion. You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
VIRUSES AND ACCESS
You must take your own precautions to ensure that the process which you employ for accessing the website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or data.
ACCURACY OF INFORMATION
Whilst we have no reason to believe that any information contained on the website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the website updated.
Responsibility for the content of advertisements appearing on the website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
The website may contain links to other websites ("linked websites") and are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Any linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites unless otherwise stated.
We will comply with the terms of our Privacy Statement and you also consent to these terms.
To the extent permitted in your local jurisdiction, these terms and conditions are governed by the laws in force in South Australia and you agree to submit to the exclusive jurisdiction of the courts of that jurisdiction. We are not liable for any failure by us to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control. If we waive any rights available to us under these terms and conditions, on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any of these terms and conditions, or any part of a particular term or condition is or are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions, or the remaining part of a particular term or condition as the case may be, shall nevertheless continue in full force. We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon the placement of a notification of such amendment on this website. Your continued use of the website, following such notification, will represent an agreement by you to be bound by the terms and conditions as amended.
In this agreement:
BUSINESS DAY means a day on which banking institutions generally are open in South Australia, but excluding Saturdays, Sundays and public holidays;
GST means GST as that term is defined in the GST Law, and any interest, penalties, fines or expenses relating to such GST;
GST LAW means, where the context requires or permits, the A New Tax System ( Goods and Services Tax) Act 1999 (Cth) and/or associated Commonwealth legislation, regulations and publicly-available rulings;
INTELLECTUAL PROPERTY RIGHTS means: any confidential information; copyright (including rights in the nature of, or analogous to, copyright); database rights; performer's protection; moral rights; inventions (including patents); trademarks; service marks; designs; circuit layouts; and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether or not registered or registrable and includes any right to apply for the registration; renewals and extensions; licences, of such rights listed in (a) to (l) above.