Terms of service
IAN SHARP JEWELLERY WEBSITE TERMS & CONDITIONS
INTRODUCTION
Welcome to the Ian Sharp Jewellery website located at http://www.iansharp.com.au (“Site”). Please read these Terms & Conditions carefully. By accessing or using the Site you become a user of the Site (“User”).
As a User of the Site you agree that you have read and understood these Terms & Conditions and that you agree to be bound by them (“Agreement”). This Site is owned and operated by Ian’s Bijoux of South Yarra Pty Ltd (ABN 99 006 995 866) (“ISJ”). ISJ reserves the right to alter, modify, add to, or change in any way, any provision of these Terms & Conditions and may, in its absolute discretion, limit or expand the services available via the Site without giving prior notice to the Users.
PROPRIETARY RIGHTS IN THE SITE
All materials on the Site including, but not limited to, underlying software, code, design, text, graphics, video, and other files (“Content”) is the sole property of ISJ or is licensed to ISJ. All rights are reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of ISJ. You may print one page from the Site for your own personal use (not for commercial use).
All Trade Marks (registered and unregistered), logos, images and service marks on the Site are either Trade Marks or registered Trade Marks of ISJ and may not be copied, imitated, or used, in whole or in part, without the prior written consent of ISJ.
You are licensed to use the Site on your computer for your use in purchasing goods from ISJ. You acknowledge that you are not permitted to make any other use of the Site other than for personal use.
PURCHASING ONLINE
We accept all major credit cards and PayPal for online purchases. Once your order has been processed you will receive immediate confirmation via email. We attempt to provide accurate imagery and descriptions of all our products, however colours, sizes of stones and totals weights may vary slightly depending on computer monitor resolutions as well as your specific order. You must understand that every piece is slightly different which may change the amount of stones used or the overall weight of those stones and or material (gold) weight.
ISJ is not responsible if customers choose to use a third party payment provider.
CARE INSTRUCTIONS
At ISJ all jewellery is designed and made with love and care. To ensure longevity and to preserve the quality of your ISJ products please take care of your jewellery piece and ensure you take to for regular servicing at least every 12-18 months. Gold & stones and knock against things and wear just like anything and need to be cared for and serviced regularly.
ISJ is not liable for any damage caused due to improper care and or service neglect.
JEWELLERY & STONE QUALITY
ISJ only sources diamonds and gemstones through respected and legitimate suppliers who comply with Australia’s participation in the Kimberley Process Certification Scheme (‘Kimberley Process’) in relation to the import and export of rough diamonds. The objective of the Kimberley Process is to prevent the trade of conflict diamonds. Through measures such as the requirement for a Kimberley Process Certificate to accompany import shipments through Australian Customs, there are systems in place to ensure that importers comply with the regulations established under the Kimberley Process to prevent the trade of illegal diamonds. ISJ requires that its suppliers warrant that the diamonds and gemstones supplied to it are conflict free in accordance with the Kimberley Process.
When applicable, your diamond or gemstone will be shipped to you with a diamond grading report (‘Certificate Report’). This certificate specifies the diamond or gemstone’s unique characteristics, its carat weight, clarity, colour and cut. However, as grading laboratories and the jewellery industry use diamond grading techniques and standards that are based on subjective methods of analysis, diamond grades may vary each time a stone is submitted for re-examination at a different laboratory, depending on the grading standards of the laboratory and the accuracy and training of their gemmologists. The value of each diamond or gemstone ultimately depends on its unique characteristics, some of which may not be included in a Certificate Report or in information provided by ISJ.
Diamond pricing and diamond grading is not an exact science. Our objective is to provide our customers with the most reasonable prices possible based on our opinion of prices for similar diamonds in the market. While we believe that the information we provide will help you make a reasonable and well-informed decision about buying a diamond, we cannot guarantee the accuracy of the pricing or grading information we provide and you must make your own enquires and assessment of the price and product you are purchasing.
PRICE OF GOODS AND PAYMENTS
The price you pay for goods is the price specified on the website. In doing so you agree to pay the delivery and handling fee including goods and services tax (Australia Only) which ISJ is required to collect from you.
ISJ prices are subject to variation without notice. The price payable for the goods shall be the price applicable on the date the goods are confirmed as ordered.
You shall pay for the goods at the time you order. Bankcard, MasterCard, Visa, American Express and Paypal are accepted at ISJ.
PLACING AN ORDER
We accept payment via Mastercard, Visa card, Paypal & Afterpay. Once your order is approved you will receive an Order Confirmation email.
SHIPPING AND RETURNS
DELIVERY
We deliver Australia-wide and internationally. All packages require signature upon delivery and are fully insured. In the event no one can sign at your address, the courier will leave a card for you to call and arrange a re-delivery. Once your order has been dispatched, you will receive an email with your tracking details.
Please ensure you provide a contact number and the correct delivery address in order to receive your package in the time frames listed below. If your details are incorrect we cannot be responsible for loss of any packages local or international.
DELIVERY TIME
Your order will be processed within 48 hours of placing the order. Your item will be dispatched from our South Yarra store and will be delivered by mail/courier. Orders are estimated to take 4-6 weeks to deliver, however this may be subject to change.
International delivery times may vary, please contact us for more information at info@iansharp.com.au
Please note delivery times are an indication only and cannot be guaranteed.
If your order is placed over the weekend or on a public holiday, it will be processed the next business day, and received the following day as per the above conditions.
PRODUCT AVAILABILITY AND PRICING
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. There may be times when your product you have ordered is out of stock which may delay fulfilling your order or cancel your order. We will keep you information in this instance and you can cancel the order when you receive notification of the product being out of stock.
We try to maintain our prices as current as possible. However, due to currency fluctuations, variations in market and metal prices, human input errors, or unforeseen changes such as variations in supplier prices, there may be instances when there is a price change on an item you have ordered. All prices are subject to verification at the time of order and should there be a price change on an item you have ordered, we will contact you to advise you of the change prior to shipping.
From time to time, data, including prices, may be inaccurately displayed on the Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct all and any errors when they do occur, and we not accept liability for inaccurate or erroneous prices. If an item is listed at a price that is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the item or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the item or pay the difference between the actual and charged prices.
ISJ is not obligated to fulfil an order if the price is incorrect. The order will be cancelled, and any payment will be refunded in full by the same method that it was made.
If an item goes out of stock before we are able to post a notification on the Site, we will contact you directly to discuss possible options.
RETURNS
We value you as a customer and want you to be happy with your purchase.
If you would like to return an item, you may do so within 7 days for a full or partial refund. We provide a credit note or exchange for orders up to 30 days. To return, email us at info@iansharp.com.au with your order details on hand so that Customer Care can assist you.
Items must be returned to us for a refund or exchange according to the following conditions:
- The is in its original condition with all tags attached;
- The jewellery must be free from any scratches, dints, other marks or resizing;
- Special order, customer make or modified requested can’t be returned;
- All certificates and/or guarantees/paperwork needs to also be returned;
- It has been approved through Ian Sharp Jewellery Customer Care;
- It arrives at our office within 7 days of you receiving it in hand; and
- If you wish to exchange, please notify us with your preferred jewellery item as soon as possible.
Please choose carefully. We do not normally accept returns or give refunds if you simply change your mind or make a wrong selection. As stated previously in the Terms and Conditions, you have a statutory right to choose between a refund, exchange or credit where goods are faulty, wrongly described, different from a sample shown to you or do not do what they are supposed to do. We will try to accommodate you if you have a change of mind and may accept a return at our sole discretion and subject to the general terms and conditions of an exchange and may be subject to a restocking fee.
Customers are responsible for posting goods back to ISJ. We recommend using a prepaid service that offers tracking (such as Australia Post Express satchels with signature within Australia). This ensures safe receipt of goods and prevents missing items. ISJ is not responsible for any lost incoming parcels.
Refunds are made not including your return postage. Please also note the original postage charge cannot be refunded.
Where a receipt for postage is provided to return faulty goods, the cost will be refunded ONLY up to the amount of original postage paid. Any additional payment made by the customer to return faulty goods to ISJ, beyond the original postage charge paid by the customer, will not be refunded.
Refunds are made against the original Credit Card or payment type used. We cannot refund onto a different card. We process refunds within 2-3 business days of receiving them, however please keep in mind they can take up to 10 business days to come through onto your account.
All return items must be mail enclosed with the original receipt and pre-paid self-addressed post satchel to:
Ian Sharp Returns:
Ian Sharp
Online Customer Care
65 Toorak Road
South Yarra, VIC, 3141
FAULTY GOODS
We will provide a repair, exchange, replacement or refund for faulty goods. Goods are classified as faulty at the discretion of ISJ, provided:
- They are damaged when the customer receives them;
- Show a manufacturing fault within 3 months;
- No alterations or attempts to repair have been made by the customer.
To return faulty goods please follow the mail instructions as listed above.
Please note that items damaged as a result of wear and tear are not considered faulty.
LIABILITY
To the extent permitted by law, you agree that any liability of ISJ arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to You through use of ISJ will be limited to:
(a) if the condition relates to goods, the replacement of the goods or the supply of equivalent goods; and
(b) if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
To the extent permitted by law, You release and discharge ISJ and its related corporations, Directors, officers, employee and contractors from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with ISJ or this Agreement, including, without limitation, loss or damage caused by the negligence of ISJ or its related corporations.
SECURITY
If you are issued with a password by ISJ, You agree to take responsibility for the safekeeping of your password. You are liable if an unauthorised person uses your password. You agree to release and forever indemnify ISJ in relation to any liability arising out of the unauthorised use of your password.
NOTIFICATION OF CHANGES
ISJ may add to, delete, or otherwise change any of the terms of this Agreement. Your use of the Site will constitute your deemed acceptance of such changes.
HOW TO CONTACT US
If you wish to gain access to your personal information or make a complaint about a breach of your privacy or if you have any query on how your personal information is collected or used or any other query relating to ISJ Terms and Conditions please email info@iansharp.com.au
PRIVACY POLICY
This is the Privacy Policy for the ISJ website located at http://www.iansharp.com.au (“Site”). Please read this Privacy Policy carefully.
ISJ is subject to the National Privacy Principles in the Privacy Act 1988 (Cth). This Privacy Policy explains in general terms how ISJ protects the privacy of your personal information under the National Privacy Principles. It also sets out the matters, which we are required to disclose to individuals under National Privacy Principles 1.3 and 1.5. The principles set out in this ISJ Privacy Policy will apply to any personal information you provide to ISJ via our web site or under any agreement or arrangement and to information, which we collect about you from other sources.
HOW WE COLLECT YOUR PERSONAL INFORMATION
We generally collect your personal information directly from you. For example, we may collect personal information about you when you deal with us over the telephone, send us correspondence (letter, fax or e-mail) join the ISJ mailing list or when you have contact with us in person i.e., at a clearance sale. Generally, the type of personal information we collect about you includes your name, e-mail address, and the state you live in. In certain circumstances, we may also collect sensitive information about you such as information about your health if you are applying for a job with us. There may be occasions when we need to source personal information about you from a third party. For example, for potential stockists we may collect personal information from a company for whom you work, other organisations with whom you have any dealings, a credit-reporting agency, and an information service provider or from a publicly maintained record.
OUR DISCLOSURE STATEMENT
ISJ collects personal information for the following purposes:
- To provide you with information about ISJ products via e-mail;
- To sell you ISJ products over the internet;
- To enable ISJ to undertake Credit assessment i.e. Stockists;
- To consider making offers of employment or for employment purposes;
- To receive services from you or the organisation which employs you; and
- To disclose information to a manager of your superannuation funds.
In some circumstances, we collect personal information about you from a third party source. If we collect personal information about you in this way, we will take reasonable steps to contact you and ensure that you are aware of the purposes for which we are collecting your personal information and the organisations to which we might disclose your personal information.
HOW WE USE OR DISCLOSE YOUR PERSONAL INFORMATION
We will use and disclose personal information for the primary purpose for which it was collected. We may also use and disclose personal information for purposes related or ancillary to the main reasons we collect it, such as invoicing, reminder notices, provision of information concerning ISJ and other services offered by us. We do not disclose personal information we collect to third parties for the purpose of allowing them to direct market their products and services. We engage third party contractors to perform services for us, which involves the contractor handling personal information we hold. For example, we may engage third party contractors to maintain and monitor our customer and user databases. In these situations, we prohibit the third party contractor from using personal information about you except for the specific purpose for which we supply it.
OTHER PEOPLE'S INFORMATION WHICH YOU PROVIDE TO US
If you provide personal information to us about someone else (such as one of your directors or employees or someone with whom you have dealings) you must ensure that you are entitled to disclose that information to us and that, without us taking any further steps required by privacy laws, we may collect, use and disclose such information for the purposes described above. For example, you should take reasonable steps to ensure the individual concerned is aware of the various matters detailed in this ISJ Privacy Policy and Disclosure Statement as those matters relate to that individual, including our identity, how to contact us, our purposes of collection, our information disclosure practices, the individual's right to obtain access to the information and the consequences for the individual if the information is not provided.
GAINING ACCESS TO INFORMATION WE HOLD ABOUT YOU
We will, on request, provide you with access to the personal information we hold about you unless there is an exception, which applies under the Privacy Act such as employee records. Your request to obtain access will be dealt with in a reasonable time. ISJ may recover from you its reasonable cost of providing you with access. If we refuse to provide you with access to the information, we will provide you with reasons for the refusal and inform you of any exceptions relied upon under the Privacy Act.
KEEPING YOUR PERSONAL INFORMATION UP-TO-DATE
We take reasonable steps to ensure that your personal information is accurate, complete, and up-to-date whenever we collect or use it. If any of the personal information we hold about you is inaccurate, incomplete or out-of-date, please contact us immediately and we will take reasonable steps to correct this information or, if necessary, we will discuss alternative action with you.
SECURITY OF YOUR PERSONAL INFORMATION
Unauthorised access, modification and disclosure. Your personal information may be stored either in hard copy documents or as electronic data in ISJ software or systems. We maintain physical security over our paper and electronic data stores and premises, such as locks and security systems. We also maintain computer and network security; for example, we use firewalls (security measures for the Internet) and other security systems such as user identifiers and passwords to control access to our computer system.
HOW TO CONTACT US
If you wish to gain access to your personal information or make a complaint about a breach of your privacy or if you have any query on how your personal information is collected or used or any other query relating to ISJ Privacy Policy and Terms and Conditions please email info@iansharp.com.au