Introduction
Welcome to Melissa Harris Jewellery and thank you for shopping with us. These Terms and Conditions govern the use of and Conditions”). MELISSA HARRIS Jewellery reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.
Limitation of Liability
Any liability of MELISSA HARRIS Jewellery in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of MELISSA HARRIS Jewellery be limited to:
1. in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
Disclaimer
The information contained on the website is provided by MELISSA HARRIS Jewellery in good faith. To the best of MELISSA HARRIS Jewellery’s knowledge, the
information is accurate and current. However, MELISSA HARRIS Jewellery and its, employees or consultants do not make any representation or warranty as to the accuracy or completeness of the information. To the fullest extent permitted by applicable law, MELISSA HARRIS Jewellery disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement.
MELISSA HARRIS Jewellery makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your
requirements.
You expressly acknowledge and agree that MELISSA HARRIS Jewellery does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and MELISSA HARRIS Jewellery is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part. You further acknowledge and agree that, subject to the section dealing with “Limitation of Liability”, MELISSA HARRIS Jewellery will not be
liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.
We believe that we have aligned ourselves with excellent delivery partners, but there may be times when, despite their best efforts, parcels are delayed in the delivery process. We will always endeavour to work with our delivery partners to ensure prompt arrival of your gifts.
Copyright
Copyright in the melissaharrisjewellery.com website is property of melissaharrisjewellery.com. Material on this website also comprises copyright
material and trademarks which are the property of melissaharrisjewellery.com and third parties. This property may only be used for the purposes of browsing the melissaharrisjewellery.com website and acquiring goods and services of MELISSA HARRIS Jewellery. MELISSA HARRIS Jewellery is the owner of all copyright subsisting in this web site. All MELISSA HARRIS Jewellery designed jewellery depicted in this web site is copyright.
Applicable Law
These Terms and Conditions are governed by the laws in force in NSW, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of NSW, Australia and any courts, which may hear appeals from those courts.
Information Provided by You
If you purchase goods and services from melissaharrisjewellery.com we may require you to provide your name, address, email address, credit card number or other details (“customer information”). We may subsequently require further details to enable the processing of any orders that you make. You agree to
provide melissaharrisjewellery.com with current, complete and accurate customer information when asked to do so by the website or an employee of MELISSA HARRIS Jewellery.
Virus Warning
All care is taken to ensure that melissaharrisjewellery.com websites and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.
Privacy
We treat all customer information in accordance with our Privacy Policy. Our Privacy Policy constitutes part of these Terms and Conditions:
Privacy Policy
-Customer information will be used only to process your orders and will be protected by our secure server. We would like to assure you that we are not
involved in the selling, trading or alternative unauthorised use of personal information.
-We will not provide any direct personal information to any third parties that identifies you as our customer.
- melissaharrisjewellery.com may, at times, use your contact information to notify you of important changes to the melissaharrisjewellery.com website or to
inform you of special promotions which may be of interest to you.
-If you place an order for goods or services to be provided to a third party (“the recipient”), we will generally not provide any of your customer
information to the recipient. If you place an order accompanied by a card bearing your first name, nickname, business or other identifying name, we
assume that you are willing to be identified and may disclose your name to the recipient. Please be assured that we will never disclose your credit card,
email address or phone contact details.
-All information submitted to and stored on the melissaharrisjewellery.com website is protected by state-of-the-art encryption and firewall technology.
-Without limiting the operation of any other Terms and Conditions herein, melissaharrisjewellery.com will not be held responsible for any unauthorised
use of information gained from email correspondence before it has reached the melissaharrisjewellery.com mail server.
-melissaharrisjewellery.com reserves the right to pass on any information relating to suspected fraudulent activity to the appropriate authorities.
Product Information
Prices
of goods and services and delivery and other charges displayed on the melissaharrisjewellery.com website are current at the time of display. These
prices are subject to variation without notice.
We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.
Placing and Accepting Orders
Orders
will not be dispatched until payment in full has been received and melissaharrisjewellery.com is satisfied with the integrity of the order. Without limiting the operation of any other Terms and Conditions herein, melissaharrisjewellery.com is not responsible for any loss or damage caused by
late delivery or cancellation of an order or a product. Placement of an order by you constitutes an offer to enter into an agreement with us (“your
offer”). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation
does not constitute an acceptance of your offer or reflect the status of your order in any way.
Cancellation by Us
We reserve the right not to provide goods or services, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without
limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights
Cancellation by You
If you need to cancel an order, please contact us immediately on +61 2 9331 8817. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion. Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.
Delivery
It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense. We will provide you with an estimated date for delivery of all parcels. While we make every effort to deliver by this time, all dates specified are estimates only. We have aligned ourselves with courier partners who we believe will always do their best to deliver gifts by the estimated delivery date.
It is the responsibility of the customer to inform MELISSA HARRIS Jewellery if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the courier to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.
Please note that if an item has been lost in transit, we will not dispatch a replacement item immediately. Replacement items will be dispatched according to
our discretion. As a guide only, our couriers attempt to deliver to business addresses between 9am and 5pm, and to home addresses up . Unfortunately, we are
unable give a guaranteed time of delivery. Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any
loss or damage arising from a late delivery. Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order. Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
Returns and Exchanges
You or the recipient of an order may return an item that has been purchased from melissaharrisjewellery.com because you have changed your mind or are unhappy with a gift. If you return goods via an Australia Post Office, please keep the appropriate proof of return. Otherwise, if the returned item goes missing in transit to us, we will deem you not to have returned the item.
It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit. We will not issue a return or exchange unless the product/s are in a saleable condition upon return. All returned products must be:
1. UNUSED, and in original condition
2. Undamaged ( no scratches or marks which can be detected with a jewellers loupe)
3. Returned within 10 days of delivery.
In the event of a return by you or the recipient of a gift, we will exchange or refund in
the form of a Melissa Harris Jewellery credit note. However, you will pay the delivery costs of the return to MELISSA HARRIS Jewellery and re-delivery to
you. We will not refund initial delivery, wrapping and other fees.
Goods purchased between 20 November and 25 December can be returned until 31 January of the following year.
Goods Damaged or Faulty on Delivery
You may return damaged or faulty goods within 14 days of receipt. In the event that you receive a defective or damaged product, we will refund the original product price, delivery, wrapping and other fees via the original method of payment. Alternatively, if you request a replacement, we will despatch your replacement item (subject to availability) once we receive the return, at our cost.
We cannot be held responsible for the breakage of fine chains which are machine made. Please wear with care.
Returns and Refunds of items paid by Gift Vouchers
For gifts purchased using a melissaharrisjewellery.com or third party gift voucher (or any part thereof), the amount paid by gift vouchers will be refunded in the form of a melissaharrisjewellery.com Gift Voucher, and the remaining amount will be refunded via the original method of payment. Please note: all products that are found to be non-defective will incur the delivery costs of returning the item to melissaharrisjewellery.com Please allow up to 21 days for refunds to be processed upon our receipt of goods.
Gift Vouchers
Please ensure all melissaharrisjewellery.com GiftWish Vouchers are redeemed at the time of ordering. Once the order has been submitted and paid for by means other than a voucher, we are unable to retrospectively redeem a GiftWish Voucher to offset that cost. All GiftWish Vouchers are issued with an expiry date as indicated on the voucher itself. Once that GiftWish Voucher has expired, we are unable to extend the expiry date under any circumstances. It is the GiftWishVoucher holder’s responsibility to ensure it is redeemed before the expiry date. melissaharrisjewellery.com GiftWish Vouchers may not be used to purchase other GiftWish Vouchers.
The Giftwish Voucher with silver wishbone is available at MELISSA HARRIS for purchases in any amount from $100 and not exceeding $1,000.00 For online
purchase, the Giftwish Voucher only is available in pre-set denominations specified on melissaharrisjewellery.com. Unfortunately we cannot supply the wishbone for Giftwish vouchers purchased online.
The Giftwish vouchers may be redeemed only at the MELISSA HARRIS jewellery store for purchases within Australia.
For balance inquiries, please call 02 9331 8817.
MELISSA HARRIS is not responsible for lost or stolen GiftWish vouchers.
Promotions and Competitions
Other
Terms and Conditions not listed herein and applying to melissaharrisjewellery.com promotions and competitions are incorporated into these terms and conditions. Unless expressly stated, to the extent that the other Terms and Conditions are not incompatible with the Terms and Conditions
herein, the other Terms and Conditions will be in addition to the terms & conditions herein. To the extent that the other Terms and Conditions are
incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail. Should you object to any of these Terms and Conditions
(including any subsequent amendments), you must immediately discontinue using this website.
Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against MELISSA HARRIS Jewellery which relate to or are incidental to any
transaction. You agree to indemnify and hold MELISSA HARRIS Jewellery harmless from and against any and all claims, loss or expense that may be incurred by
MELISSA HARRIS Jewellery which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or
defending any action or legal proceeding. You further agree to indemnify and hold MELISSA HARRIS Jewellery harmless from any claim made by any third party
due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.
