Terms and Conditions
These Terms and Conditions govern the sale and delivery of jewellery 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 your use of our website and your subsequent purchase/s will constitute your agreement to be bound by these Terms and Conditions as amended.
1. IN-STORE PURCHASES
i. Ready to wear product
For ready to wear product purchases, you agree to pay us the price that we have allocated to the product(s). We accept payment using all major credit cards, as determined by us, by electronic funds transfer into our nominated bank account, cash, and by bank cheque. All prices are in Australian Dollars (AUD) and, unless otherwise stated, include GST. You agree that you are liable to pay all GST in relation to the price.
ii. Back order an item/order a custom-made piece
For 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.
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.
2. ONLINE PURCHASES
All prices on our website are quoted in Australian Dollars (AUD). For our Australian customers all prices are inclusive of good and services tax under the A New Tax System (Goods and Services Tax) Act 1999 (GST).
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.
ii. Shipping & Postage
Domestic and international shipping and postage charges are complimentary for all purchases.
We do not deliver to post office boxes.
iii. Methods of payment
We accept payments by major credit cards including MasterCard, Visa and American Express, along with payments via Google Pay and Apple Pay.
iv. Description of Goods
We endeavour to ensure that all jewellery pieces 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.
When you place an order on our website, we require you to provide your name, address for delivery, email address for correspondence, telephone contact and credit card details. Although we will do our utmost to take due care with this information, we cannot guarantee that it will not be misused due to any error in transmission, virus, or malware, and you accept that we are not liable for its misuse in these circumstances. We may use your contact information to contact you about new products, features or special promotions. If you do not wish to receive such communications, you may choose to email us and unsubscribe from any promotional emails.
3. Returns, Refunds and Exchanges
We do not issue refunds for change of mind or incorrect decision.
Products can be exchanged for equal or greater value, or for a customer credit. Exchanges are only applicable to purchases that have not been worn or used at any time and must be in ‘as new’ condition. 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.
You may choose a repair, exchange, or refund if there is a proven major product defect.
In the event that you establish that a Product has a Major Defect or has a failure that cannot be remedied, then you may return the Product to us within seven (7) days of receiving title in the Product, at which point we will provide you with a store credit or a refund in the value of the price.
In the event that the failure relating to the Product is not a Major Defect, or it can be remedied, then you may request that we repair the Product within seven (7) days of receiving title in the Product.
We may elect to subcontract part or whole of the Services in our absolute discretion.
5. Third-Party Products
You agree and acknowledge that:
i. We do not accept any risk in relation to Third-Party Products;
ii. 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;
iii. We will not be required to arrange insurance to cover damage, destruction to, or loss of your property; and
iv. 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.
All Fairfax & Roberts jewellery comes with a lifetime guarantee. However, we do not accept any responsibility for faults in connection with:
- 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
7. Warranty of Third-Party Brands
Warranty of Third-Party brands are subject to the warranty offered by that brand. Please refer to the relevant brand’s website for further information.
Your access to and all use of information on our website www.fairfaxandroberts.com.au including in relation to purchasing any products is provided subject to the following terms and conditions:
- We endeavour to ensure that the listings all pieces of jewellery on our website are current and accurate, however, we give no undertaking as to the availability of any products advertised on our website;
- 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.
9. Intellectual Property
The Fairfax & Roberts website and all its material and including, but not limited to its text, artwork, photographs, images and video will be protected by copyrights laws and other international laws and treaties. You must comply with all proprietary copyright notices on this website. This website is owned by Fairfax & Roberts and is subject to copyright. The information on this website is protected under Australian copyright laws subject to the provisions of the Copyright Act 1968 (Cth). You must not in any form or by any means copy, store, reproduce, republish, distribute, display, or create derivate works from any of the information contained on our website without our prior written permission.
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.