TERMS AND CONDITIONS
These Terms and Conditions govern the sale and delivery of jewellery, watches and homewares by Fairfax & Roberts Pty Ltd (Fairfax & Roberts). The laws of New South Wales govern these Terms and Conditions, and each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales and waives any right to claim that those courts are an inconvenient forum.For the purposes of these Terms and Conditions, we, us and our, refer to Fairfax & Roberts.
We reserve the right to amend any of these Terms and Conditions at any time and by visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”) as amended.
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In-Store Purchases
- Ready to wear jewellery, watches, and homewares.
- Back order an item/order a custom-made piece
For jewellery items on order, or made through our workshop, you will be required to leave an upfront deposit before the order is placed, or work proceeds. The amount of the deposit will be at our discretion. Any purchase where you elect to pay the price in two or more instalments will be considered a lay-by and the Lay-By Agreement will apply.
For homewares you will be required to make full payment.
We will advise an estimate of the completion date for the Services, in relation to which you agree that this date may be subject to change and that we will not be liable to you, or any other person, as a result of delays in this regard.
In the event that you wish to vary the Services after we have agreed upon the price, then you agree that the price may be varied by us in our discretion.
Following receipt of final payment from you in cleared funds in our nominated bank account, we will transfer the possession of the Product to you. You agree and acknowledge that risk in relation to the Product passes to you at this time.
You acknowledge that you may take possession of the Product by attending the Store, courier, post or hand delivery, as determined by us, on a case-by-case basis, in our absolute discretion. You acknowledge that we will not be liable in relation to any delays in transferring possession of a Product to you.
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Online Purchases
- Prices
Prices for all international orders are exclusive of GST. However, all international orders attract a 10% service and handling fee, so that the prices for all orders (excluding delivery, storage and insurance) are as quoted on our website.
We endeavour to ensure that our pricing is accurate and current, and we reserve the right to amend our prices at any time.
- Shipping and postage
We do not deliver to post office boxes.
- Methods of payment
- Description of Goods
We endeavour to ensure that all jewellery pieces, watches and homewares are described (whether in writing or photographically) as accurately as possible on our website. However, we cannot guarantee that the description of items is absolutely accurate at all times. Where we become aware of any inaccuracies in relation to the description, we reserve the right to correct that inaccuracy.
2.1 Wholesale Diamond Purchases Online
All purchases on the Fairfax & Roberts wholesale diamond marketplace are considered final and are non-refundable. All stones listed on the Fairfax & Roberts wholesale diamond marketplace are available as part of a global marketplace and final confirmation of the diamond purchase will take up to 48 hours. Diamonds are not reserved or held when added to the cart or pending purchase and may sell globally without notification. If the diamond becomes unavailable after purchase, you will be offered the option of an equivalent diamond or a full refund.
Every diamond on the Fairfax & Roberts marketplace is independently certified by a trusted diamond grading laboratory such as GIA, IGI, HRD etc. Once the diamond is shipped by the supplier and has been received by Fairfax & Roberts, the stone will undergo Fairfax & Roberts’ strict, multi-layer quality control process by a jeweller and gemmologist. If the Fairfax & Roberts quality control process finds a discrepancy between the diamond and the independent certificate, a full refund will be issued. In all other circumstances, no refunds will be issued.
- Privacy
In addition, when you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit https://allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us.
- Returns, Refunds and Exchanges
Products can be exchanged for a product of equal or greater value, or for a customer credit after the seven day time period. Refunds and exchanges are only applicable to purchases that have not been worn (in the case of jewellery and watches) or used at any time and must be in ‘as new’ condition i.e your item must be unused, in the same condition that you received it and in the original packaging. To complete your return, we require a receipt or proof of purchase. For third party goods, please do not send your purchase back to the manufacturer.
Exchanges for change of mind are accepted up to 30 days after the date of purchase. Customer credits are valid for two years from the date of issue.
Some types of goods are exempt from being returned, including but not limited to sale items, bespoke and/or made-to-order items and gift cards.
You may choose a repair, exchange, or refund if there is a proven major product defect. For Homewares, if you establish that a Product has a Major Defect or a failure that cannot be remedied, then you must return the Product to us within seven (7) days of receiving title in the Product. A Product may be deemed to contain a Major Defect if:
- the Product has an issue with it that, if known to you prior to purchasing, you would not have proceeded to purchase the Product;
- the Product does not fit the description, sample and/or demonstration model used to sell the Product;
- the Product is not fit for purpose; or
- the Product is unsafe
- the failure or Major Defect was brought to your attention prior to entering into these Terms;
- you do not meet the timeframes stipulated;
- you have changed your mind;
- you have lost, damaged or destroyed the Product; and/or
- in relation to damage relating to fair wear and tear, misuse or failure to use in accordance with instructions.
- Repairs
We may elect to subcontract part or whole of the Services in our absolute discretion.
- Third-Party Products
- we do not accept any risk in relation to Third-Party Products;
- we shall not be responsible in tort or contract, or otherwise, and shall be released and indemnified by you for any liability arising from any loss of, or damage to, or deterioration of, Third Party Products, for any reason except the negligence or a wilful act or default by us;
- we will not be required to arrange insurance to cover damage, destruction to, or loss of your property; and
- any Third-Party Products which remain in our possession for a period of one (1) year after the Completion Date will be deemed abandoned and we will be entitled to deal with such Third Party in any way, in our absolute discretion, without liability to you or any other party.
- Warranty
- cosmetic damage, including scratches and dents;
- damage caused by use with another product;
- damage caused by accident, abuse, misuse, liquid contact or other external use;
- damage caused by use or maintenance
- Warranty of Third-Party Brands
- Website Use
- We endeavour to ensure that the listings all pieces of jewellery, watches, and homewares on our website are current and accurate, however, we give no undertaking as to the availability of any products advertised on our website;
- You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws);
- You must not transmit any worms or viruses or any code of a destructive nature;
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us;
- This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
- Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
- We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
- Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
- Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order);
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made;
- We are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website and is caused by any virus or malware.
- Intellectual Property
All copyrights, trademarks, brands, and logos identified on our website are the sole property of Fairfax & Roberts. You have no right to use those marks in any commercial way without our prior written permission.
- Complimentary Wedding Ring Offer
- For all bespoke and made to order Engagement Ring orders, receive a complimentary 18ct gold or platinum Wedding Ring valued at up to $1,500 RRP
- Fairfax and Roberts Classic Domed Wedding Ring, 2.00 - 2.2 mm wide x 1.6 mm
- Finger size up to 0 1/2
- 18ct Gold or Platinum
- This offer cannot be used in conjunction with any other offer
- The offer excludes the Ready-to-Wear Engagement Ring collection