Terms of service

Definitions and interpretation

Definitions

Additional Charge means:

fees or charges for additional work performed at the Customer's request or reasonably required as a result of the Customer's conduct, calculated in accordance with the Cut Jewellery's then current prices; and
expenses incurred by the Cut Jewellery, at the Customer's request or reasonably required as a result of the Customer's conduct.

Business Day means a day that is not a Saturday, Sunday or public holiday in the place where the Services are principally being carried out or the Products provided.

Customer means the person identified on a Quote or Order as the customer and includes the Customer's agents and permitted assigns.

Deposit means an amount equal to 30% of the total value of the Quote or Online Order.

Intellectual Property Rights means intellectual property rights at any time protected by statute or common law, including copyright, trade marks, patents and registered designs.

Loss includes, but is not limited to, costs (including party to party legal costs and the Cut Jewellery's legal costs), expenses, lost profits, award of damages, personal injury and property damage.

Online Order means a purchase order made by a customer at www.thecutjewellery.com.au.

Order means a purchase order for Products or Services placed by a Customer in response to a Quote and as varied in writing from time to time by the parties including an Online Order.

Products means any goods supplied by the Cut Jewellery including those supplied in the course of providing Services.

PPS Law means:

the Personal Property Security Act 2009 (Cth) (PPS Act) and any regulation made at any time under the PPS Act (each as amended from time to time); and
any amendment made at any time to any other legislation as a consequence of a PPS Law.

Quote means a written description of the Products or Services to be provided, an estimate of the Cut Jewellery's charges for the performance of the required work and an estimate of the time frame for the performance of the work.

Services means the services to be provided by the Cut Jewellery to the Customer in accordance with a Quote and these terms and conditions.

Cut Jewellery means The Cut Jewellery Pty Ltd includes the Cut Jewellery's agents and permitted assigns.

Interpretation

In these terms and conditions, unless the context otherwise requires:

a reference to writing includes email and other communication established through the Cut Jewellery's website (if any);
the singular includes the plural and vice versa;
a reference to a clause or paragraph is a reference to a clause or paragraph of these terms and conditions;
a reference to a party to these terms and conditions or any other document or arrangement includes that party's executors, administrators, successors and permitted assigns;
where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
headings are for ease of reference only and do not affect the meaning or interpretation of these terms and conditions; and
if the date on which any act, matter or thing is to be done falls on a day which is not a Business Day, that act, matter or thing:
if it involves a payment other than a payment which is due on demand must be done on the preceding Business Day; and
in all other cases, must be done on the next Business Day.

General

These terms and conditions apply to all transactions between the Customer and the Cut Jewellery relating to the provision of Products and Services. This includes all quotations, contracts and variations. These terms and conditions take precedence over terms and conditions contained in any document of the Customer or elsewhere.
The variation or waiver of a provision of these terms or a party's consent to a departure from a provision by another party is ineffective unless in writing signed by the parties.
The Cut Jewellery may amend any details in a Quote by notice in writing to the Customer. Such amended details supersede any relevant prior detail in dealings between the parties.

Website Use

The use of the Cut Jewellery Website constitutes acceptance of these terms and conditions. Cut Jewellery reserves the right to make changes to, delete, vary or add, to the information on the Cut Jewellery website (“the Site”) or to the services described therein at any time and without notice to the Customer. The Site contains links to other websites. We do not endorse, sponsor or approve any content available on any linked website.

Quotes

The Cut Jewellery may provide the Customer with a Quote. Any Quote issued by the Cut Jewellery is valid for 30 days from the date of issue.
Unless otherwise stipulated, a Quote does not include delivery.
Quotes are based upon the cost of materials available at the time of preparation of the Quote and assume the timely supply by the Customer of necessary material and instructions to the Cut Jewellery.
Following provision of a Quote to the Customer, the Cut Jewellery is not obliged to commence work until the Quote has been accepted by the Customer. This occurs by the Customer accepting the Quote in writing and paying the Deposit.
An indication in a Quote of the time frame for the provision of the Products or Services is an estimate only and is not a fixed time frame. Subject to any obligations in respect of consumer guarantees under the Australian Consumer Law, this estimate is not binding upon the Cut Jewellery.

Orders

Every Order by the Customer for the provision of Products or Services must be submitted in writing or as an Online Order through the Site.
The Customer must review Quotes or proposed Online Orders carefully including but not limited to materials and size. Any costs incurred by the Cut Jewellery in reliance on incorrect or inadequate information provided by the Customer in an Order may result in the imposition of an Additional Charge.
Placement of an Order by the Customer signifies acceptance by the Customer of these terms and conditions.
An indication of the time frame for the provision of the Products or Services on the Site for Online Orders is an estimate only and is not a fixed time frame. Subject to any obligations in respect of consumer guarantees under the Australian Consumer Law, this estimate is not binding upon the Cut Jewellery.
Placement of an Order is only confirmed once payment of the Deposit is received by the Cut Jewellery. All Deposits are non-refundable and represent a genuine pre-estimate of the loss suffered by the Cut Jewellery if an Order is cancelled.
The Customer must pay to the Cut Jewellery the balance owing for the Order prior to collection or delivery of the Product.
Lead time for delivery or collection of an Order is estimated to be 4-6 weeks unless otherwise specified in writing including on the Site or Quote.
The Cut Jewellery may, in its absolute discretion, refuse to provide Products or Services where:
Products are unavailable for any reason whatsoever;
Payment for Products or Services previously provided to the Customer or any related corporation of the Customer or to any other party who is, in the reasonable opinion of the Cut Jewellery, associated with the Customer under the same or another supply contract, has not been received by the Cut Jewellery.
An Order cannot be cancelled without the prior written consent of the Cut Jewellery. Where an Order is cancelled, the Customer indemnifies the Cut Jewellery against any Losses incurred by the Cut Jewellery as a result of the cancellation.
The Customer and the Cut Jewellery agree to comply with their obligations in relation to Products and Services Tax (GST) under the A New Tax System (Products and Services Tax) Act 1999 and any other applicable legislation governing GST.

Variations

The Customer may request that its Order be varied by providing a request in writing to the Cut Jewellery. A request for a variation must be agreed to in writing by the Cut Jewellery.
If the Customer wishes to vary its requirements after a Quote has been prepared by the Cut Jewellery or after the placement of an Order, the Cut Jewellery reserves the right to vary the Quote to include any Additional Charge in respect of any extra costs incurred or additional work carried out due to the variation, in accordance with its then current charge rates. A revised Quote issued by the Cut Jewellery in respect of the requested variation supersedes the original Quote. If the revised Quote only specifies additional work, the Quote for that additional work will be in addition to the immediately preceding Quote for the Products or Services or both.
The Customer acknowledges that a variation may delay the provision of the Products or Services from the originally estimated lead time.

Acceptance of Products

If the Customer fails to advise the Cut Jewellery in writing of any fault in Products or failure of Products to accord with the Customer's Order within 24 hours of delivery, the Customer is deemed to have accepted the Products and to have accepted that the Products are not faulty and accord with the Customer's Order. Nothing in this paragraph affects the Customer's rights for any alleged failure of a guarantee under the Australian Consumer Law.

Title in Products

Risk in Products passes to the Customer immediately upon delivery.
Property and title in Products supplied to the Customer under these terms and conditions does not pass to the Customer until all money (including money owing in respect of other transactions between the Cut Jewellery and the Customer) due and payable to the Cut Jewellery by the Customer have been fully paid.

Intellectual Property Rights

In relation to bespoke orders designed by the Customer, the Customer warrants that it owns all Intellectual Property Rights pertaining to its Order for Products or Services or has a licence to authorise the Cut Jewellery to reproduce or use all copyright works or other materials the subject of Intellectual Property Rights supplied by the Customer to the Cut Jewellery for the purposes of the Order. Further, the Customer indemnifies and agrees to keep indemnified the Cut Jewellery against all Losses incurred by the Cut Jewellery in relation to or in any way directly or indirectly connected with any breach of any other Intellectual Property Rights in relation to any material supplied by the Customer.
In relation to bespoke orders designed by the Cut Jewellery, the Customer agrees that the Cut Jewellery owns all Intellectual Property Rights pertaining to its Order for Products or Services.
Unless specifically agreed in writing between the Cut Jewellery and the Customer, all Intellectual Property Rights in any works created by the Cut Jewellery on behalf of the Customer vest in and remain the property of the Cut Jewellery.
Subject to payment of all invoices due in respect of the Products or Services, the Cut Jewellery grants to the Customer a perpetual, non-exclusive licence to use the works created or produced by the Cut Jewellery in connection with the provision of Products or Services under these terms and conditions for the purposes contemplated by the Order.

Agency and assignment

The Customer agrees that the Cut Jewellery may at any time appoint or engage an agent to perform an obligation of the Cut Jewellery arising out of or pursuant to these terms and conditions.
The Cut Jewellery has the right to assign and transfer to any person all or any of its title, estate, interest, benefit, rights, duties and obligations arising in, under or from these terms and conditions provided that the assignee agrees to assume any duties and obligations of the Cut Jewellery owed to the Customer under these terms and conditions.
The Customer is not to assign, or purport to assign, any of its obligations or rights under these terms and conditions without the prior written consent of the Cut Jewellery.

Cancellation of Order

Each of the following occurrences constitutes an event of default:
the Customer breaches or is alleged to have breached these terms and conditions for any reason (including, but not limited to, defaulting on any payment due under these terms and conditions) and fails to remedy that breach within 14 days of being given notice by the Cut Jewellery to do so;
a Customer cancels its Order;
Where an event of default occurs, except where payment in full has been received by the Cut Jewellery, the Cut Jewellery may:
terminate these terms and conditions;
terminate any or all Orders and credit arrangements (if any) with the Customer;
refuse to deliver Products or provide further Services;
retain (where applicable) all money paid by the Customer on account of Products or Services or otherwise.
In addition to any action permitted to be taken by the Cut Jewellery on the occurrence of an event of default all invoices will become immediately due and payable.

Refund

The item ordered cannot be returned, refunded, or exchanged other than as provided for under the Australian Consumer Law.

Gift Vouchers and Store Credits

Gift Cards and store credits are non-transferable and valid for 3 years from date of issue. Gift cards and store credits are non-exchangeable if lost or stolen.

Warranty, Exclusions and limitation of liability

The Customer expressly agrees that use of the Products and Services is at the Customer's risk. To the full extent allowed by law, the Cut Jewellery's liability for breach of any term implied into these terms and conditions by any law is excluded.
All information, specifications and samples provided by the Cut Jewellery in relation to the Products or Services are approximations only and, subject to any guarantees under the Australian Consumer Law, small deviations or slight variations from them which do not substantially affect the Customer's use of the Products or Services will not entitle the Customer to reject the Products upon delivery, or to make any claim in respect of them.
The Cut Jewellery offers a six (6) warranty during which it warrants that the Product shall be free from defective workmanship and materials, save for fair wear and tear. Any Products considered defective within the warranty period by the Cut Jewellery will be repaired or replaced by the Cut Jewellery unless such defects arose from the misuse use, incorrect adjustment and/or alterations by third parties.
Other than as provided for in these terms and conditions, under no circumstances is the Cut Jewellery liable or responsible in any way to the Customer or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues) as a result, direct or indirect of any defect, deficiency or discrepancy in the Products or Services. This includes their form, content and timeliness of deliveries, failure of performance, error, omission, defect, including, without limitation, for and in relation to any of the following:
any Products or Services supplied to the Customer;
any delay in supply of the Products or Services; or
any failure to supply the Products or Services.
Any advice, recommendation, information, assistance or service given by the Cut Jewellery in relation to Products or Services or both, is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given. It is provided without any warranty or accuracy, appropriateness or reliability. The Cut Jewellery does not accept any liability or responsibility for any Loss suffered as a result of the Customer's reliance on such advice, recommendation, information, assistance or service.
To the fullest extent permissible at law, the Cut Jewellery is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide Products or Services, or otherwise arising out of the provision of Products or the Services, whether based on terms and conditions, negligence, strict liability or otherwise, even if the Cut Jewellery has been advised of the possibility of damages.
The Australian Consumer Law may give to the Customer certain guarantees. Where liability for breach of any such guarantee can be limited, the Cut Jewellery's liability (if any) arising from any breach of those guarantees is limited with respect to the supply of Products, to the replacement or repair of the Products or the costs of resupply or replacement of the Products or with respect to Services to the supply of Services again or cost of re-supplying the Services again.

Indemnity

The Customer indemnifies and keeps indemnified the Cut Jewellery, its servants and agents in respect of any claim or demand made or action commenced by any person (including, but not limited to, the Customer) against the Cut Jewellery or, for which the Cut Jewellery is liable, in connection with any Loss arising from or incidental to the provision of Products or Services, any Order or the subject matter of these terms and conditions including.
This includes, but is not limited to, any legal costs incurred by the Cut Jewellery in relation to meeting any claim or demand or any party/party legal casts for which the Cut Jewellery is liable in connection with any such claim or demand.
This provision remains in force after the termination of these terms and conditions.

Force majeure

If circumstances beyond the Cut Jewellery's control prevent or hinder its provision of the Products or Services, the Cut Jewellery is free from any obligation to provide the Products or Services while those circumstances continue. The Cut Jewellery may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
Circumstances beyond the Cut Jewellery's control include, but are not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

Miscellaneous

These terms and conditions are governed by the laws of New South Wale and each party irrevocably submits to the non-exclusive jurisdiction of the courts of that state.
These terms and conditions and any Quotes and written variations agreed to in writing by the Cut Jewellery represent the whole agreement between the parties relating to the subject matter of these terms.
These terms and conditions supersede all oral and written negotiations and communications by and on behalf of either of the parties.
In entering into these terms and conditions, the Customer has not relied on any warranty, representation or statement, whether oral or written, made by the Cut Jewellery or any of its employees or agents relating to or in connection with the subject matter of these terms and conditions.
If any provision of these terms and conditions at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect.

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