Terms & Conditions
Online Shop Terms & Conditions
Eli Speaks Jewellery
ABN 9810198032
www.elispeaks.com
kate@elispeaks.com
+61 0420711143
606A/125 Swanston St, Melbourne, VIC 3000, Australia
Last Updated: April 29, 2023
Introduction
This Terms and Conditions ("Agreement") explains how Eli Speaks Jewellery ("Seller") provides the customers (“Buyer”) with the products ("Products") and services ("Services") listed on our online store. Before ordering any of our Products or Services, the Buyer should carefully read the terms and conditions. By ordering, the Buyer agrees to be bound by this Agreement.
TERMS
Agreement to Terms and Conditions
Following the placement of an order, the Buyer will receive an online notification from us confirming receipt of the order. This does not imply that the order was accepted. This Agreement will be formed only after the Buyer has received the Products and/or Services (as applicable). In the case of Products, this Agreement will only apply to the Products that the Buyer receives. In the case of Services, these will be governed by the applicable terms and conditions for the specific service, which will be available on the site to which the service relates.
Key Terms
Seller. This refers to Eli Speaks Jewellery, as the owner and operator of the online shop.
Buyer. This refers to our customers who will avail our Products and Services.
Parties. This refers to the parties who are bound by this Agreement.
Status
By placing an order through our site, the Buyer warrants that he or she is legally capable of entering into binding contracts, that he or she is at least 16 years old, and that he or she is not a resident of a country where making a payment to our site in accordance with these terms and conditions would violate any laws in that country.
Delivery of Products
Unless there are exceptional circumstances, orders for Products will be fulfilled/made ready for receipt (as applicable) within a reasonable time of the date indicated at the time of ordering.
Warranty
We guarantee to our customers that any Product purchased from us through our online shop will, upon delivery, conform to its description, be of satisfactory quality, and be reasonably fit for all of the purposes for which similar products are commonly supplied. All other implied or common law warranties, conditions, or terms relating to fitness for purpose, merchantability, satisfactory quality, or condition are expressly excluded so far as the law allows.
Cancellation Rights
When it comes to Products, the Buyer has the legal right to cancel an order for any reason and receive a full refund, only if no work has begun on that order. The Buyer will be refunded the full amount paid for the Products (excluding any postage costs). If the Buyer receives a damaged Product during delivery, the Buyer must notify us in writing as soon as possible. If a Product is returned to us damaged and the Buyer does not notify us, we reserve the right to deny the Buyer's right to cancel or receive a refund. Cancellation rights for Services vary depending on the service that we provide. There may be a cancellation fee.
Transfer of Rights and Obligations
We may assign our rights and obligations under these terms and conditions to another organisation, but this will have no effect on the Buyer's rights or our obligations under the Buyer's Agreement with us. Only if we agree in writing may the Buyer transfer his or her rights and obligations under this Agreement to us.
Price
Except in cases of obvious error, the prices of the Products, Services, and our delivery charges will be quoted on our site from time to time. Prices for Products and Services include VAT (known as GST in Australia) where applicable. However, if the VAT rate changes between the date of the order and the date of delivery, we will adjust the VAT you pay, unless the Buyer has already paid in full for the Products or Services before the VAT change takes effect. Prices and delivery charges for Products and/or Services are subject to change at any time, but changes will not affect orders for Products and/or Services that the Buyer then takes steps to fulfil/receive within a reasonable time of such order.
Refunds
If an order is cancelled, we will refund the amount owed as soon as possible and, in any case, within 30 days of the cancellation. If a refund is due to the Buyer, it will be issued to the credit or debit card used to complete the original transaction.
10. Liability
If we violate these terms and conditions, we are liable for any loss or damage that is a foreseen result of our breach or negligence. Loss or damage is foreseeable if it was an obvious result of our breach or was otherwise anticipated by the Buyer and us when we entered into this Agreement. We only provide the Product and Services for personal and domestic use. The Buyer agrees not to use the product for commercial, business, or resale purposes, and we accept no responsibility for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) defective products under the Consumer Protection Act.
11. Third Party Rights
A person who is not a party to these terms and conditions or an Agreement has no rights under or in connection with them.
12. Waiver
The failure of either party to exercise or enforce any right conferred on that party by this Agreement shall not be deemed a waiver of such right, nor shall it preclude the exercise or enforcement of such right at any time or times thereafter. We will not be able to waive any of these terms and conditions unless we expressly state that it is a waiver and communicate it to the Buyer in writing.
13. Severability
If a court or competent authority rules that any of the provisions of this Agreement or any provision is invalid, unlawful, or unenforceable to any extent, the term will be severed from the remaining terms, which will remain valid to the fullest extent permitted by law.
14. Force Majeure
We reserve the right to postpone or cancel this Agreement for any reason beyond our reasonable control, including, but not limited to, a strike, lockout, disorder, fire, explosion, accident, unforeseen events or a halt or disruption in our business or work that prevents or hinders the delivery of Products or the performance of Services.
15. Law and Jurisdiction
The laws of the state of Victoria, Australia will govern this Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims).