Terms and Conditions

This website is owned and operated by Fairina Cheng (ABN 27 414 861 847), otherwise referred to as “we”, “us” or “our”. These Terms and Conditions govern your use of this website.

Access to and use of this website and the products and services available through this website, including placing orders or contributing content, comments or reviews (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms and Conditions”). By using the Services, you agree to be legally bound by all of the Terms and Conditions below.

INTELLECTUAL PROPERTY

The intellectual property rights for all products and content (including product designs, brand assets, text and photographic images) made available to you on or through this website remain our property or its licensor’s and are protected by copyright laws and treaties around the world.

You are not permitted to publish, modify, manipulate, distribute or otherwise reproduce, in any format, any of the products, content or copies of the content supplied to you or which appears on this website, nor may you use any such products or content in connection with any business or commercial enterprise without our prior written consent.

TERMS OF SALE

Our goods come with guarantees that cannot be excluded under Australian consumer law. You are entitled to a replacement or refund for a major failure and 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.

By placing an order for any Fairina Cheng jewellery through this website, you are offering to purchase a product on and subject to the following terms.

Placing an order
To place an order with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. All orders are subject to availability. We retain the right to refuse any request made by you.

When placing an order you undertake that all information that can be used to identify you as an individual (“Personal Identification Information”) you provide to us, including your name, email address, billing address and shipping address are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

We collect Personal Identification Information only if it is voluntarily submitted to us. However, to engage in activities such as making purchases, certain Personal Identification Information is required. Read our Privacy Policy for more information on how we protect and manage your data.

After you place an order, you will receive an acknowledgement email confirming receipt of your order. This email will serve as an acknowledgement and will not constitute acceptance of your order. A contract between us and you will not be formed until we send you confirmation by email that the goods you ordered have been dispatched to you.

Pricing and availability
We try to ensure that all details, descriptions and prices that appear on our website are accurate, however it is possible that some errors may occur. If we discover an error in the price of any goods you have ordered we will inform you of this error as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you choose to cancel the order and you have already paid for the goods, you will receive a full refund.

Postage and delivery
Postage costs, where applicable, may be charged in addition to the cost of the products you order. Charges are clearly displayed where applicable and included in the ‘Order Total’. Dispatch times may vary according to availability and may be subject to postal delays or force majeure for which we will not be responsible. Estimated processing times are stated in each product listing and are to be used as a guide only.

If goods are posted outside of Australia, certain taxes may be imposed by any applicable government agency and are payable by you. These may include, but are not limited to, sales, use, goods and services, value added, customs, excise or similar taxes or charges. To find out more about the taxes that may apply, contact the taxing authorities of the country your order is being shipped to. We are unable to advise on the taxes that may apply.

Payment
Upon receiving your order a standard authorisation check will be conducted on your payment card to ensure there are sufficient funds to fulfil the transaction via your chosen payment option (PayPal, Stripe or Afterpay). Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased.

Cancellation of orders
We reserve the right to cancel your order and refund the monies paid for any reason. This may include unforeseen supply or demand issues, if we suspect that you are acting fraudulently (such as using a credit card without proper authorisation) or if we suspect you are in breach of these Terms and Conditions.

We reserve the right to accept order cancellation requests at our sole discretion and offer a refund (full or partial), store credit or combination of the two, equivalent to the value of your cancelled order, minus any costs incurred by us in the course of processing your order.

Returns and exchanges
Returns and exchanges are accepted on all items other than gift certificates and custom items. A custom item is a product that is marked as a “Custom order” in the shop, a product that is listed in the shop that has been modified from its original form on your request or a product that is not listed in the shop that has been designed and created for you.

If you wish to organise a return or exchange, you must contact us within 7 business days of your receipt of the package. Returns and exchanges must be safely repackaged and posted back to us, unused and in their original condition.

Items delivered to you by a trackable postage option must be returned via an equivalent trackable postage option. We are unable to organise returns or exchanges for items that we don’t receive, whether due to errors caused by you, the postal service or force majeure. Return shipping costs are the responsibility of the buyer and will not be reimbursed by us. However, check out using your PayPal account and you may qualify for free return shipping through PayPal’s Refunded Returns program.

If the item is faulty or not as described, we will provide a full refund, exchange or store credit. Exchanged items will be re-delivered free of charge to the original shipping address.

If an item is returned due to an incorrect order or change-of-mind, we will provide a refund (full or partial), store credit or combination of the two, equivalent to the value of your returned order. Shipping charges for postage of the exchanged items are payable by you.

Where a design to be exchanged contains unique stones or features that cannot be replaced, a replacement piece with similar stones or features, or a piece to the same value may be offered at our discretion.

Gift certificates
Gift certificates are in Australian dollars, are valid for 3 years from the date of purchase (unless otherwise specified) and cannot be returned or exchanged for cash. Any refunds for returned items purchased using a gift certificate will be refunded as a store credit that can be applied towards a future purchase. If items are paid for partially with a gift certificate, the portion paid for with the gift certificate will be refunded as a store credit.

VISITOR-PROVIDED CONTENT

Any publicly-viewable material that you send or post to this website, such as product reviews and comments, shall be considered non-proprietary and non-confidential. We are entitled to copy, disclose, distribute or use for some such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.

You shall not post or send to or from this website any material:

– For which you have not obtained all necessary consents

– That is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in New South Wales, Australia

– Which is harmful in nature including and without limitation, computer viruses, Trojan horses, corrupted data or other potentially harmful software or data

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person providing content to this website in breach of the above.

LINKING TO AND FROM THIS WEBSITE

You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part unless this has been agreed by us in writing. You must not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice.

We may include links to external sites on our website. While we strive to maintain strict standards regarding the sites that we choose to link to, we do not control the content or links that appear on these sites and are not responsible for the practices employed by sites linked to or from our website. These sites and services may have their own privacy policies and customer service policies. Browsing and interacting with any other site, including those that have a link to or from our website, is subject to that site’s own terms and policies.

DISCLAIMER OF LIABILITY

While we do take reasonable steps to make sure the information provided on this website is up to date and accurate at all times, it is provided without any guarantees, conditions or warranties as to its accuracy. We have the right in our absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this website.

You agree to indemnify, defend and hold us harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this website or your breach of the Terms and Conditions.

To the extent permitted by law, we are not liable for any damage to or virus that may infect your computer equipment or other property as a result of your use of or access to this website or you downloading any material.

Unless expressly stated to the contrary to the fullest extent permitted by law, this website and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website, sites linked to it and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect our website’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

PRIVACY POLICY

Our Privacy Policy sets out how we may use your information. By using this website, you consent to the processing described therein.

INVALIDITY

If any part of the Terms and Conditions are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

GOVERNING LAW

These Terms and Conditions are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS

By using our website, you signify your acceptance of these Terms and Conditions. We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on this website. You acknowledge and agree that it is your responsibility to review these Terms and Conditions periodically and become aware of modifications. Your continued use of our website following the posting of changes to these Terms and Conditions will be deemed your acceptance of those changes. If you do not agree to any of these terms or any changes to these terms, please do not use, access or continue to access this website.

ENTIRE AGREEMENT

The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between us and you. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by Fairina Cheng.

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

CONTACTING US

If you have any questions or concerns about this policy, please contact us in writing. We do our best to work with our customers to resolve any and all issues as appropriate.

Email:
fairina@fairinachengjewellery.com

Website:
fairinachengjewellery.com

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