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Terms and Conditions

Last Updated: 03/03/2025

Welcome to Harry & Co Jewellery (“we,” “us,” “our”). By accessing or using our website (the “Site”) or purchasing our products, you agree to be bound by the following Terms and Conditions (the “Terms”). If you do not agree to any of these Terms, please do not use our Site or Services.

These Terms are governed by the laws of the State of South Australia, and consumers in Australia have rights under the Australian Consumer Law (ACL) that cannot be excluded or limited by contract.

1. Scope of These Terms

  1. These Terms govern your use of our Site, your purchase of our products, and any related services we provide (collectively, the “Services”).
  2. By using our Site or purchasing our products, you confirm that you have read, understood, and agree to abide by these Terms.
  3. Additional terms may apply to specific promotions or features. By using those promotions or features, you agree to any additional terms, which become part of these Terms.

2. Eligibility

  1. You must be at least 18 years old (or the age of majority in your jurisdiction) to use our Site or make purchases.
  2. By using our Site or purchasing products, you represent and warrant that you meet these eligibility criteria and that you are legally capable of entering into a binding contract.

3. Orders and Payment

  1. Placing an Order
    • When you place an order through our Site, you agree to provide current, complete, and accurate purchase information.
    • We reserve the right to refuse or cancel any order for reasons including product unavailability, pricing errors, or suspected fraud.
  2. Payment Methods
    • We accept various forms of payment as indicated at checkout (e.g., credit cards, debit cards, or other third-party payment services). You authorize us to charge your chosen payment method for the order total, including any applicable taxes and shipping fees.
  3. Pricing and Availability
    • We strive to display accurate pricing and product availability. If we discover an error, we will contact you to confirm or cancel your order.
  4. GST (Goods and Services Tax)
    • Unless otherwise specified, all prices on the Site include GST where applicable.
  5. Currency
    • All transactions are processed in Australian Dollars (AUD), unless otherwise indicated.

4. Shipping and Delivery

  1. Shipping Methods
    • We use reputable carriers. Estimated delivery times are provided at checkout and may vary due to factors beyond our control (e.g., customs delays, carrier issues, extreme weather).
  2. Shipping Fees
    • Shipping fees, where applicable, will be added to your order total. Except as required by law, shipping fees are non-refundable once the order has shipped.
  3. Risk of Loss
    • Risk in the products passes to you when we, or our carrier, deliver the products to your nominated address.
  4. International Orders
    • If you order products for delivery outside Australia, you are responsible for any applicable customs duties, taxes, and fees.
  5. Delivery Issues

5. Returns, Refunds, and Exchanges

  1. Australian Consumer Law
    • 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 to 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.
    • Nothing in these Terms excludes, restricts, or modifies your rights under the ACL.
  2. Change of Mind Returns
    • We may accept returns or exchanges for change of mind at our discretion, subject to our written Return Policy. Items must be in their original, unworn condition with all original packaging and documentation.
    • Please refer to our Refund/Return Policy for detailed instructions on how to initiate a return or exchange.
  3. Faulty or Defective Items
    • If your product is faulty, not of acceptable quality, or otherwise fails to meet a consumer guarantee, please contact us immediately at care@harryandcojewellery.com.au or 0408 884 618.
    • We will cover the cost of return shipping for items deemed faulty or defective, and provide a repair, replacement, or refund in accordance with Australian Consumer Law.
  4. Refunds
    • Approved refunds will be processed back to the original payment method. Processing times may vary depending on your bank or payment provider.

6. Product Descriptions and Images

  1. Accuracy
    • We strive to ensure all product descriptions and images are as accurate as possible. However, slight variations in color, size, or design may occur due to photographic, manufacturing, or display variations.
  2. Errors
    • We reserve the right to correct any errors or omissions in pricing, descriptions, or images without prior notice.

7. Intellectual Property

  1. Ownership
    • The Site and all content (including text, images, logos, and product designs) are owned or licensed by Harry & Co Jewellery and are protected by Australian and international intellectual property laws.
  2. Limited License
    • We grant you a non-exclusive, non-transferable, revocable license to view and use the Site for personal, non-commercial use only.
  3. Restrictions
    • You may not reproduce, redistribute, transmit, create derivative works from, sell, or otherwise exploit any content on our Site without our express written permission.

8. User Accounts

  1. Account Creation
    • You may create an account to access certain features of the Site. You are responsible for maintaining the confidentiality of your login details.
  2. Unauthorized Use
    • If you suspect any unauthorized use or breach of your account security, notify us immediately. We will not be liable for any loss or damage arising from your failure to secure your account.

9. User Conduct

  1. Prohibited Conduct
    • You must not use our Site or Services in any manner that:
      • Violates any applicable laws or regulations.
      • Infringes upon the rights of others, including intellectual property rights.
      • Is fraudulent, misleading, or deceptive.
      • Harasses or harms others.
      • Involves unauthorized access to our systems.
  2. Compliance
    • You agree to comply with all applicable laws in connection with your use of the Site and Services.

10. Privacy

Your use of the Site and any personal information you provide is governed by our Privacy Policy. By using our Site or Services, you confirm that you have read and understand our Privacy Policy, which explains how we collect, use, and share your personal information.

11. Warranties and Disclaimers

  1. Australian Consumer Law Notice
    • Except for any consumer guarantees under the ACL that cannot be excluded or limited, the Site, Services, and products are provided “as is” and “as available.”
    • We make no express warranties or representations about our products or Services other than those required by law or expressly stated in these Terms.
  2. Additional Warranties Excluded
    • To the extent permitted by law, we exclude all other warranties, whether express or implied, except those which cannot be excluded by the ACL.

12. Limitation of Liability

  1. ACL Guarantees
    • Nothing in these Terms excludes or limits your rights under the Australian Consumer Law or any other applicable consumer protection laws.
  2. Consequential Damages
    • Subject to the extent permitted by law, we are not liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of the Site or your purchase of products.
  3. Maximum Liability
    • Where our liability cannot be excluded, to the extent permitted by law, our liability shall be limited, at our option, to:
      • The replacement of the relevant goods or the supply of equivalent goods.
      • The repair of the goods.
      • The payment of the cost of replacing the goods or of acquiring equivalent goods.
      • The payment of the cost of having the goods repaired.

13. Indemnification

You agree to indemnify, defend, and hold harmless Harry & Co Jewellery, its affiliates, officers, employees, and agents from any claim, demand, or damage (including reasonable legal fees) arising out of or related to your breach of these Terms, your misuse of the Site, or your violation of any law or the rights of a third party.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of South Australia, Australia. Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of South Australia.

15. Changes to These Terms

We may modify these Terms at any time, at our sole discretion. Any changes will be effective immediately upon posting the revised Terms on our Site. Your continued use of the Site or purchase of products after any such changes indicates your acceptance of the revised Terms.

16. Termination

We reserve the right to suspend or terminate your access to our Site or Services at any time and without notice, if we believe you have breached these Terms or for any other lawful reason.

17. Severability

If any provision of these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements or policies referenced herein, constitute the entire agreement between you and Harry & Co Jewellery regarding your use of our Site and Services, superseding any prior agreements or understandings.

19. Contact Us

If you have any questions or concerns about these Terms & Conditions, your orders, or any other matter, please contact us at:

Harry & Co Jewellery
148 King William Rd, Hyde Park, SA 5061, Australia
Email: care@harryandcojewellery.com.au
Phone: 0408 884 618

Thank you for choosing Harry & Co Jewellery. By continuing to use our Site or Services, you acknowledge that you have read and agree to these Terms and Conditions.