By placing an order for goods from Darryn Kidner Jewellery Design Website you agree to these terms ("Terms"). These Terms constitute a legally binding contract between the customer (“you”) and Darryn Kidner Jewellery Design and apply to the ordering, purchase, fulfilment and delivery and otherwise of goods (“Goods”). 

Please read these Terms carefully before placing your order. 

1.    Orders

1.1.    You can place an Order by following the instructions on the Darryn Kidner Jewellery Design Website (including via a link sent to you from       Darryn Kidner Jewellery Design).

1.2.    An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order. Darryn Kidner Jewellery Design may accept or reject your offer in its absolute discretion. Darryn Kidner Jewellery Design may also reject Orders for commercial quantities of Goods. To order commercial quantities of Goods please contact darryn@dkjewellery.com.au

1.3.    Each Order that you place will, if accepted, be a separate and binding contract between you and Darryn Kidner Jewellery Design in accordance with these Terms.

1.4.    If you place an Order for someone else to receive the Goods you must obtain their consent before providing Darryn Kidner Jewellery Design with their personal information and, by placing an Order, you confirm to Darryn Kidner Jewellery Design that you have done this.

1.5.    Please enter information carefully when placing an Order. You warrant to Darryn Kidner Jewellery Design that all information provided by you in relation to each Order is complete, true and accurate.

1.6.    Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Darryn Kidner Jewellery Design is not required to change or cancel an Order after it has been accepted. 

1.7.    Except to the extent otherwise required by law, Darryn Kidner Jewellery Design will not be liable for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted. This applies to all loss, damage, cost or expense whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.

1.8.    If you place separate Orders, the Goods will be delivered separately and a separate Delivery Charge will apply to each Order. Darryn Kidner Jewellery Design is not required to consolidate separate Orders into one delivery.  

1.9.    If you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together if practicable. However, in some cases Goods may be dispatched separately, for example: if the Goods have different availability statuses. 

1.10.    You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.

1.11.    The internet can be an unstable, and sometimes insecure, marketplace. Sometimes the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.

1.12.    You must take precautions to ensure that the process which you use for accessing the Darryn Kidner Jewellery Design Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

1.13.    Except to the extent otherwise required by law, Darryn Kidner Jewellery Design will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Clause 1.11 or 1.12 or arising out of or in connection with you accessing the Darryn Kidner Jewellery Design Website. This applies to all loss, damage, cost or expense whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.

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2.    After you have submitted an order/payment
2.1.    When you submit an Order you will receive an Order confirmation by e-mail.
2.2.    Darryn Kidner Jewellery Design will process payment for your Order when, or after, you place your Order (subject to clause 13.5).  Your Order is accepted by Darryn Kidner Jewellery Design when Darryn Kidner Jewellery Design does this, but, Darryn Kidner Jewellery Design may, in certain circumstances, cancel your Order after acceptance as set out in these Terms. If Darryn Kidner Jewellery Design cancels your Order after processing payment, it will issue a refund  under clause 8. 
2.3.    When Darryn Kidner Jewellery Design accepts an Order it represents an agreement by Darryn Kidner Jewellery Design to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms.
2.4.    You must pay for Goods by credit card, [eftpos] direct transfer or [PayPal account], . If the name on the credit card/payment card/account does not match the name on the Order, Darryn Kidner Jewellery Design may refuse to accept your Order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card or selecting one of the other available payment methods you authorise Darryn Kidner Jewellery Design to deduct the price and the applicable delivery charge(s) from such card or payment methods.
2.5.    Darryn Kidner Jewellery Design may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) if our fraud detection systems detect possible irregularities; (b) because your financial institution or other payment provider has declined payment; or (c) because your payment card has expired. If this is the case, Darryn Kidner Jewellery Design reserves the right to cancel your Order and / or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
2.6.    When you submit an Order, Darryn Kidner Jewellery Design may complete a pre-authorisation of the full value of the Order. A pre-authorisation is a practice of validating electronic transactions by holding the value of the Order unavailable until either the merchant charges the account or the transaction is cancelled. If an Order is cancelled (for example, because our fraud detection system has detected a possible irregularity), any pre-authorisation may still appear in your account as a pending transaction until your financial institution cancels the transaction (e.g. 30 days). 
2.7.    Goods that you have ordered may not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order may be rejected and we will notify you by email.

3.    Cancellation of Orders
3.1.    Darryn Kidner Jewellery Design reserves the right to cancel, at any time before delivery and for any reason, an Order that it has previously accepted. 
3.2.    If Darryn Kidner Jewellery Design cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.
3.3.    If Darryn Kidner Jewellery Design cancels your Order after payment has been processed, Darryn Kidner Jewellery Design will refund any money paid in respect of that Order. 
3.4.    Except to the extent otherwise required by law or as expressly set out in these Terms, Darryn Kidner Jewellery Design will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.

4.    Availability of Goods
4.1.    Darryn Kidner Jewellery Design is dependent upon its suppliers to provide stock and materials and cannot guarantee availability of stock at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Darryn Kidner Jewellery Design reserves the right to withdraw or suspend from sale any Goods displayed on the Darryn Kidner Jewellery Design Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law, Darryn Kidner Jewellery Design will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.

5.    Delivery
5.1.    Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
5.2.    Goods will generally only be delivered to addresses within Australia. Darryn Kidner Jewellery Design is unable to deliver to certain parts of Australia and if this is the case you will not be able to process your Order or your Order may be cancelled.
5.3.    Following dispatch of your Goods, Darryn Kidner Jewellery Design will email you with confirmation of dispatch and an invoice for your Order.
5.4.    On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either: (a) take your Goods to our delivery service provider’s local depots; (b) ask you if you are willing to give us “authority to leave” the Goods at a place that you believe is safe at, or outside, the delivery address; (c) take your Goods to a Darryn Kidner Jewellery Design nominated alternate delivery point that is close to your delivery address; or (d) re-deliver your Goods to your delivery address at a later date.
5.5.    You will receive a text message and/or a calling card at your delivery address containing details of the local depot, alternate delivery point or contact details for you to arrange for re-delivery of your Goods. Please note that if you do not pick up your Goods from the nominated alternate delivery point within the period specified in the text message and/or calling card, your Goods will be taken to one of our delivery service provider’s local depots for you to pick up at your convenience. If you provide “authority to leave”, we will leave the Goods at the agreed place. Risk and title in Goods passes to you at this time and you will bear the risk of any loss or theft of the Goods. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these Terms, Darryn Kidner Jewellery Design will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of Darryn Kidner Jewellery Design leaving the Goods in accordance with any “authority to leave” given by you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.
5.6.    When you place an Order for Goods to be delivered, you will be required to select one of the available Delivery Options for your Order. An estimated delivery time will be listed for the Delivery Option that you select (“Selected Delivery Option”) for your Order. Darryn Kidner Jewellery Design will use reasonable endeavours to deliver the Goods in your Order by the estimated delivery time for the Selected Delivery Option. If certain Goods in your Order are out of stock, the Selected Delivery Option may list different estimated delivery times for those out of stock Goods. Please note that the estimated delivery time for your Selected Delivery Option is an approximate delivery time only and is not a guaranteed delivery time for your Order. 

6.    Pickup of goods in-store - Click & Collect
6.1.    Many Goods can be picked up from Darryn Kidner Jewellery Design store rather than being dispatched to you. If you wish to do this you will need to nominate this option when you place your Order. Please note that some Goods are not available for pick up from store.
6.2.    Only the person who placed the relevant Order may pick-up in-store the Goods ordered, unless that person nominates another person to pick-up the Goods on his or her behalf. .
6.3.    If you choose to pick up your Order in-store, your Order will be available for pick up in-store during business hours if the Goods are in stock. Please call beforehand to confirm. 
6.4.    When picking up Goods in-store: (a) you must provide photo identification (current drivers licence, passport) to store staff to verify that the person collecting the goods is the purchaser. If requested, you (or the relevant person who you nominate to pick-up the Goods on your behalf) must allow Darryn Kidner Jewellery Design to take a copy of this identification for fraud prevention purposes; (b) store staff may also check your signature against the signature on any credit/debit used to purchase the Goods. You must therefore ensure that you bring this card when picking up the Goods; (c) you will also need to bring the email or SMS that Darryn Kidner Jewellery Design has sent to you confirming that the stock is available for pick-up; and (d) store staff have the right to refuse collection of Goods if you cannot or will not satisfy the requirements set out above. If this occurs Darryn Kidner Jewellery Design will contact the person who placed the Order using the contact details provided.

7.    Delay in availability or delivery of Goods
7.1.    You agree and acknowledge that: (a) Darryn Kidner Jewellery Design does not guarantee the dispatch or delivery or availability of Goods within the timeframes set out in Clauses 9.7 - 9.8, 10.2 or 11.3 above, estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your Order, or any other timeframes otherwise specified by Darryn Kidner Jewellery Design or any of its staff; (b) stock availability and events outside Darryn Kidner Jewellery Design’s control (including adverse weather conditions, traffic conditions and governmental action) may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in-store; (c) delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and (d) except to the extent expressly set out in these Terms or otherwise required by law (including, without limitation, the Australian Consumer Law), neither Darryn Kidner Jewellery Design nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in-store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.

8.    Refunds
8.1.    If Darryn Kidner Jewellery Design is obliged to refund your payment pursuant to these Terms, Darryn Kidner Jewellery Design aims to initiate your refund to your original payment method(s) within 10 business days (Monday – Friday 9 am to 5 pm Sydney time excluding public holidays). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution or other payment provider processes the refund. Please note that if Darryn Kidner Jewellery Design is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the part of the Delivery Charge relating to the Goods which are subject to the refund.
8.2.    Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Darryn Kidner Jewellery Design will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.

9.    Returns/faulty or damaged goods
9.1.    Please check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact us as soon as possible.
9.2.    Please choose carefully as we do not offer refunds other than where required by Australian Consumer Law.

10.    More information about Darryn Kidner Jewellery Design's liability to you
10.1.    To the full extent permitted at law, Darryn Kidner Jewellery Design is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.

11.    Privacy
11.1.    Darryn Kidner Jewellery Design policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms

12.    Your legal rights
12.1.    Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies anything that cannot by law be excluded, restricted or modified. 

13.    Prices & delivery charges
13.1.    Prices for Goods are as shown on the Darryn Kidner Jewellery Design Website.
13.2.    Darryn Kidner Jewellery Design reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Darryn Kidner Jewellery Design.
13.3.    In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Delivery Charges will usually appear in your shopping cart.
13.4.    By placing an Order you agree to pay the price for the Goods and any Delivery Charge.
13.5.    You may also need to pay any additional delivery charges that we incur because you live in an area where light aircraft or barge transport is required, because our courier company does not provide a door-to-door service to your address (“Additional Delivery Charge”) eg Norfolk Island, Roma. Additional Delivery Charges may apply even the Goods are shown on Darryn Kidner Jewellery Design as having “free delivery”, “free shipping and handling” etc. If Additional Delivery Charges apply Darryn Kidner Jewellery Design will provide you with a quote for the Additional Delivery Charge. If you do not confirm acceptance of the Additional Delivery Charge within the time permitted, Darryn Kidner Jewellery Design will cancel your Order. 
13.6.    All prices and Delivery Charges quoted are in Australian dollars and are inclusive of GST.

14.    Additional Terms
14.1.    Your use of the Darryn Kidner Jewellery Design Website is governed by the Website Terms of Use 

15.    Your Account for Orders placed on the Darryn Kidner Jewellery Design Website
15.1.    If you do not already have an Account you will need to create one before placing an Order on the Darryn Kidner Jewellery Design Website, unless you utilise the “Guest Checkout” feature of the Darryn Kidner Jewellery Design Website.
15.2.    You must not set up an Account for someone else.
15.3.    Please enter information carefully when creating an Account. You warrant to Darryn Kidner Jewellery Design that all information provided by you in relation to your Account is complete, true and accurate
15.4.    You must notify Darryn Kidner Jewellery Design immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
15.5.    Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Darryn Kidner Jewellery Design will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify Darryn Kidner Jewellery Design, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.
15.6.    If Darryn Kidner Jewellery Design suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify Darryn Kidner Jewellery Design then you must pay Darryn Kidner Jewellery Design the amount of that loss, damage, cost or expense if Darryn Kidner Jewellery Design asks you to.

16.    General
16.1.    Darryn Kidner Jewellery Design reserves the right to amend these Terms at any time. Any amendment will take effect from the time that it appears on the Website. The Terms which apply at the time that you place your Order are the Terms which will apply to your Order.
16.2.    Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
16.3.    These Terms are governed by the laws of New South Wales, Australia.

17.    Definitions
In these Terms:
“Account” means a personal account created by you on the Darryn Kidner Jewellery Design Website;
“Delivery Charge” has the meaning given in Clause 3.3;
“Delivery Options” means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery or same day delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option;
"Darryn Kidner Jewellery Design" means Darryn Kidner Jewellery Design Pty Ltd ABN 73131905774 as Trustee for DK Jewellery Trust.
"Darryn Kidner Jewellery Design Website" means www.designerjewellersydney.com.au;
“Order” means an order for Goods, placed on the Darryn Kidner Jewellery Design Website;
“Password” means the password needed to access your Account;
“Selected Delivery Option” has the meaning given in Clause 9.7; and
“Website” means www.designerjewellersydney.com.au
September 2022

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WEBSITE TERMS OF USE
1.    Darryn Kidner Jewellery Design Website is owned and operated by Darryn Kidner Jewellery Design Pty Ltd ABN 73131905774 as Trustee for DK Jewellery Trust. By using Darryn Kidner Jewellery Design Website you agree to these terms of use (Terms of Use). Please read them carefully. These terms of use may be amended without notice.

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2.    Darryn Kidner Jewellery Design may, at any time:
2.1.    amend, update, change or remove any part of this website;
2.2.    suspend or restrict your access to this website; and/or
2.3.    stop or suspend the operation of this website.

GENERAL DISCLAIMER
3.    You acknowledge and agree that:
3.1.    this website and its contents are provided on an "as is" basis; and
3.2.    information on this website may contain typographical errors, technical inaccuracies or other errors and may not be complete or current.

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4.    Except to the extent required by law:
4.1.    Darryn Kidner Jewellery Design makes no representations or warranties of any kind as to the operation or availability of this website or the information, content or materials included on this website, and all implied representations or warranties in relation to the operation or availability of this website or the information, content or materials included on this website are excluded; and
4.2.    Darryn Kidner Jewellery Design is not liable for any loss, cost, damage, or expense suffered by you in connection with the unavailability of this website and/or the use of this website or any linked website, including any direct or indirect, consequential or special damages and any loss or revenue, loss of profits, loss of goodwill, loss of business opportunity, loss of reputation, loss of goodwill, business interruption or loss of data or information. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

INTELLECTUAL PROPERTY
5.    This website and its contents are subject to copyright. The copyright is owned by Darryn Kidner Jewellery Design, or in the case of some material, third parties. You may view this website and its contents using your web browser and electronically copy and print hard copies of parts of this website and its contents for personal, non-commercial use. Except as permitted under the Copyright Act 1968 (Cth) or similar statutes that apply in your location, any other use (including any adaptation, reproduction, broadcast, decompiling, disassembling, downloading, copying, storage, distribution, transmission, printing, display, publication or creation of derivative works) of any part of this website is prohibited.

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6.    Nothing contained in this website shall be construed as granting any licence or right to use any trade mark displayed on this website.

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7.    If you find content on this website which you think infringes your intellectual property rights or is in breach of these Terms of Use, please notify us by email at darryn@dkjewellery.com.au In the email please specify the following information:
7.1.    your name;
7.2.    your address;
7.3.    your phone number;
7.4.    your email address;
7.5.    information to allow us to find the relevant content on this website;
7.6.    a description of the item or items that you believe is in breach of your intellectual property rights, and the reasons for this; and
7.7.    where applicable, details of the owner of the content (and if you are not the owner, the capacity in which you are acting on their behalf).

 

ACCESS
8.    To use this website, you will need internet access, devices and systems which are compatible with this website. It is your responsibility to ensure that you meet the relevant requirements (which may change from time to time). Darryn Kidner Jewellery Design has no obligation to make this website available on any particular device or system, whether or not such device or system can currently, or has in the past been able to, access this website.

THIRD PARTY WEBSITES
9.    This website may contain links to third party websites. Those links are provided for convenience only and may not remain current or be maintained. Darryn Kidner Jewellery Design is not responsible for the content or privacy practices associated with linked websites. It is your responsibility to read and understand the terms applicable to any such websites. Darryn Kidner Jewellery Design will not be liable to you, or any other person, for any loss, damage, cost, expense, liability suffered or incurred in connection with your use of such websites.

COOKIES
10.    Cookies are small pieces of information that your web browser stores on your computer’s hard drive. Darryn Kidner Jewellery Design uses cookies to gather data in relation to this website. You may disable cookies on your web browser, but if you do you may not be able to fully utilise all the features of this website.

VIRUSES
11.    You must take your own precautions to ensure that accessing this website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system or those of other parties. Except to the extent otherwise required by law, Darryn Kidner Jewellery Design will not be liable to you, or any other person, for any loss, damage, cost, expense or liability, suffered or incurred in connection with any viruses, malicious computer code or other forms of interference, or damage to your computer system.

SEVERABILITY
12.    If any provision of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that provision shall be severed from the other provisions of these Terms of Use and shall not affect the validity and enforceability of any other provision of these Terms of Use.

APPLICABLE LAW
13.    These Terms of Use are governed by the laws of New South Wales, Australia. Any disputes arising in connection with these Terms of Use are subject to the exclusive jurisdiction of the courts of New South Wales, Australia. Darryn Kidner Jewellery Design makes no representation or warranty that the content of this website complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this website.

In these Terms of Use a reference to Darryn Kidner Jewellery Design is a reference to means Darryn Kidner Jewellery Design Pty Ltd ABN 73131905774 as Trustee for DK Jewellery Trust. Darryn Kidner Jewellery Design Website means www.designerjewellersydney.com.au.