Welcome to the website of Elova Jewellery (ABN 26 357 816 443) (“we”, “us” or the “Proprietor”), a bespoke jeweller, handcrafting exquisite jewellery that will last a lifetime.
This website is located on the web via the domain https://www.elovajewellery.com/ and includes all of the files located in that domain (“this site”).
Legal capacity to transact
If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to the Proprietor that you are over the age of 18 years. Should the Proprietor suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
Restrictions on use
Your use of this site is subject to the rules set out in Schedule 1 below.
Without limiting any other remedies available to the Proprietor at law or in equity, the Proprietor reserves the right to, without notice:
- temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products or services to you if:
- the Proprietor is unable to verify or authenticate any information that you provide to us; or
- the Proprietor believes that your actions may cause damage and/or legal liability to the Proprietor, any of its customers or suppliers or any other person; and
You indemnify and hold harmless the Proprietor and its employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
- any material or information that you submit, post, transmit or otherwise make available through this site;
- your use of, or connection to, this site; or
Registration and account security
Requirement for registration
The Proprietor reserves the right to make any parts of this site accessible only to users who have registered.
Username and password
Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. The Proprietor will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Proprietor will be entitled to assume that any person using this site with your username and password is you or your authorised representative.
You must notify the Proprietor immediately of any known or suspected unauthorised use of any password or any other breach of security.
- a valid email address;
- accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
- any other information that may be required by the Proprietor during the registration process.
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to the Proprietor that all information provided to the Proprietor by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
Multiple accounts and automated account opening
One person may not maintain more than one account with this site. Accounts registered by “bots” or other automated methods are not permitted.
Approval of registrations
The Proprietor reserves the right to accept or reject any application for registration of an account with this site at its discretion.
Order constitutes offer
We will not commence processing any order made through this site unless and until:
- payment for the order has been received by us in full; and
- the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
We reserve the right at our discretion to:
- at any time:
- refuse to provide products or services to you;
- terminate your access to this site; and/or
- remove or edit any content on this site.
Acceptance of orders
Acceptance of each order will take place if and when the Proprietor:
- in the case of physical items, sends the requested items to you, at the time at which the items are despatched by the Proprietor, and title to, and risk in, the items will pass from the Proprietor to you at that time. After the items have been sent, we will send you an email confirming that shipment has taken place; or
- in the case of services, either:
- provides the services to you, at the time at which the Proprietor commences providing the services; or
- notifies you in writing that your order has been accepted, at the time at which such notification is sent by the Proprietor.
The Proprietor reserves the right to change the prices for products/services displayed in this site at any time before you place an order.
Shipping costs will depend upon the location for delivery and the items purchased and are shown separately during checkout.
Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Payment for orders placed through this site may be made:
- by credit card (Visa or MasterCard only) processed online using secure Stripe payment gateway; or
- via direct bank deposit by electronic funds transfer (EFT); or
- in person via eftpos system by arrangement.
Stripe secure payment gateway
Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Stripe, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing address).
Credit and debit card payments
Only VISA and MasterCard are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. The Proprietor does not charge additional transaction fees for paying by credit card.
Payment by EFT
If you elect to pay for an order by direct deposit using EFT, after your order has been submitted, we will send you an email containing instructions for making the payment, or otherwise provide such information to you, including our bank account details and the reference number for your order. Please quote the reference number for the EFT transaction in order to avoid delays in processing your order.
Payment by Eftpos
If you elect to pay for an order in person via Eftpos facilities, after your order has been submitted, we will send you an email containing an invoice and instructions for making the payment, including contact details to make arrangements for the in person payment.
Refunds and other remedies
While Stripe and our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Proprietor.
The Proprietor may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Proprietor considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
- this site;
- all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
- all software, systems and other information owned or used by the Proprietor in connection with the products and services offered through this site (whether hosted on the same server as this site or otherwise).
You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
The Proprietor’s logo and the phrase “Working With You To Design and Handcraft Exquisite Jewellery That Will Last A Lifetime” are trademarks of the Proprietor. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Proprietor. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Proprietor.
This site contains some features that enable you and other users to upload User Content. The Proprietor reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
- represent and warranty to the Proprietor that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
- grant to the Proprietor a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at the Proprietor’s absolute discretion.
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROPRIETOR AND ITS EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, the Proprietor and its employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
- the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- this site will meet your requirements or expectations;
- anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
- the quality of any products, services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
- errors or defects will be corrected; or
- this site or the servers that make it available are free of viruses or other harmful components.
Limitation of liability
Exclusion of liability
To the maximum extent permitted by law, the Proprietor and its employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Proprietor’s sole discretion):
- in the case of goods, to any of the following:
- the replacement of the 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; or
- the payment of the cost of having the goods repaired; and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- the singular includes the plural and vice-versa;
- a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
- the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
Governing law and jurisdiction
Schedule 1 – Prohibited conduct
YOU MUST NOT:
- use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
- engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
- use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
- use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
- use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
- use this site by any automated means;
- use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
- access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
- interfere with the display of any advertisements appearing on or in connection with this site;
- reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
- reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
- falsely imply that any other website is associated with this site;
- do anything that leads, or may lead, to a decrease in the value of the Proprietor’s intellectual property rights in this site;
- use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
- release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Proprietor without the Proprietor’s prior written consent; or
- use this site to transmit any information or material that is, or may reasonably be considered to be:
- abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
- libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
- infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
- in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
- in breach of any person’s privacy or publicity rights;
- a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
- in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
- containing any political campaigning material, advertisements or solicitations; or
- likely to bring the Proprietor or any of its staff into disrepute.
We care about your privacy:
We will never rent, trade or sell your email address to anyone.
We will never publicly display your email address or other personal details that identify you.
The Australian Privacy Principles
We will treat all personal information in accordance with any and all obligations that are binding upon us under the Privacy Act 1988 (Cth) (“Privacy Act”). The Privacy Act lays down 13 key principles in relation to the collection and treatment of personal information, which are called the “Australian Privacy Principles”.
What is “personal information”?
Personal information held by the Proprietor may include your:
- name and date of birth;
- residential and business postal addresses, telephone/mobile/fax numbers and email addresses;
- bank account and/or credit card details for agreed billing purposes;
- any information that you provided to us by you during your account creation process or added to your user profile;
- preferences and password for using this site and your computer and connection information; and
- any information that you otherwise share with us.
How we may collect your personal information
At this site, we only collect personal information that is necessary for us to conduct our business as a bespoke jeweller, handcrafting exquisite jewellery that will last a lifetime, which includes (without limitation) enabling users to:
- book your consultation;
- engage in online consultation with the jeweller; and
- pay invoices.
Information that you provide to us
We may collect personal information that you provide to us about yourself when you:
- use this site, including (without limitation) when you:
- create a user account;
- add information to your user profile;
- purchase any products and/or services through this site;
- add reviews, forum or chat room messages or comments in any elements of this site that permit user-generated content;
- register for access to premium content or request certain premium features; or
- complete an online contact form to contact us;
- provide information to us by telephone or through marketing or competition application forms; or
- send us an email or other communication.
This site may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. The Proprietor collects and manages IP addresses as part of the service of providing internet session management and for security purposes. The Proprietor may also collect and use web log, computer and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving, this site.
This site uses “cookies” to help personalise your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used at this site: a persistent cookie and a session cookie. A persistent cookie is entered by your web browser into the “Cookies” folder on your computer and remains in that folder after you close your browser, and may be used by your browser on subsequent visits to this site. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer. Cookies cannot be used to run programs. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. The Proprietor extends the same privacy protection to your personal information, whether gathered via cookies or from other sources.
You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this site.
- remember your preferences for using this site;
- manage the signup process when you create an account with us;
- recognise you as logged in while you remain so. This avoids your having to log in again every time you visit a new page;
- facilitate e-commerce transactions, to ensure that your order is remembered between pages during the checkout process;
- show relevant notifications to you (eg, notifications that are relevant only to users who have, or have not, created an account or subscribed to newsletters or email or other subscription services); and
- remember details of data that you choose to submit to us (eg, through online contact forms or by way of comments, forum posts, chat room messages, reviews, ratings, etc).
Many of these cookies are removed or cleared when you log out but some may remain so that your preferences are remembered for future sessions.
Third party cookies
In some cases, third parties may place cookies through this site. For example:
How we may use your personal information
Your personal information may be used in order to:
- verify your identity;
- assist you to place orders through this site;
- process any purchases of products and/or services that you may make through this site, including charging, billing and collecting debts and shipment of products to you;
- make changes to your account;
- respond to any queries or feedback that you may have;
- conduct appropriate checks for credit-worthiness and for fraud;
- prevent and detect any misuse of, or fraudulent activities involving, this site;
- conduct research and development in respect of our products and/or services;
- gain an understanding of your information and communication needs or obtain your feedback or views about our products and/or services in order for us to improve them; and/or
- maintain and develop our business systems and infrastructure, including testing and upgrading of these systems,
and for any other purpose reasonably considered necessary or desirable by the Proprietor in relation to the operation of our business.
From time to time we may email our customers with news, information and offers relating to our own products/services or those of selected partners. Your personal information may also be collected so that the Proprietor can promote and market products and services to you. This is to keep you informed of products, services, and special offers we believe you will find valuable and may continue after you cease acquiring products and services from us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request. You can unsubscribe from such communications at any time if you choose.
When we may disclose your personal information
In order to deliver the products/services you require or for the purposes set out above, the Proprietor may disclose your personal information to organisations outside the Proprietor. Your personal information may be disclosed to these organisations only in relation to this site, and the Proprietor takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. These organisations may carry out or provide:
- customer enquiries;
- mailing systems;
- billing and debt-recovery functions;
- information technology services;
- marketing, telemarketing and sales services;
- market research; and
- website usage analysis.
In addition, we may disclose your personal information to:
- your authorised representatives or legal advisers (when requested by you to do so);
- credit-reporting and fraud-checking agencies;
- credit providers (for credit-related purposes such as creditworthiness, credit rating, credit provision and financing);
- our professional advisers, including our accountants, auditors and lawyers;
- government and regulatory authorities and other organisations, as required or authorised by law;
- organisations who manage our business strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our business risk and funding functions; and
- the police or other appropriate persons where your communication suggests possible illegal activity or harm to others.
Contacting us about privacy
If you would like more information about the way we manage personal information that we hold about you, or are concerned that we may have breached your privacy, please contact us by email or by post.
Access to your personal information
In most cases, you may have access to personal information that we hold about you. We will handle requests for access to your personal information in accordance with the Australian Privacy Principles. All requests for access to your personal information must be directed to the Privacy Officer by email or by writing to us at our postal address. We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given. We may charge you a fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access.
In some cases, we may refuse to give you access to personal information that we hold about you. This may include circumstances where giving you access would:
- be unlawful (eg, where a record that contains personal information about you is subject to a claim for legal professional privilege by one of our contractual counterparties);
- have an unreasonable impact on another person’s privacy; or
- prejudice an investigation of unlawful activity.
We may also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings.
If we refuse to give you access, we will provide you with reasons for our refusal.
Correcting your personal information
We will amend any personal information about you that is held by us and that is inaccurate, incomplete or out of date if you request us to do so. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information that is held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.
Storage and security of your personal information
We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorised use or alteration. In our business, personal information may be stored both electronically (on our computer systems and with our website hosting provider) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all of our electronic information. Likewise, we take all reasonable measures to ensure the security of hard-copy information.
Third party websites
You can set preferences for how Google advertises to you using the Google Ads Settings page (https://www.google.com/settings/ads). Facebook has enabled an AdChoices link that enables you to opt out of targeted advertising.
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If you require any further information about the Privacy Act and the Australian Privacy Principles, you can visit the Federal Privacy Commissioner’s website (see www.privacy.gov.au).
Elova Jewellery Returns Policy
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. 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.
- A product or good has a major failure when:
- it has a problem that would have stopped someone from buying it if they’d known about it;
- it is significantly different from the sample or description;
- it is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time;
- it doesn’t do what you asked for and can’t easily be fixed within a reasonable time; or
- it is unsafe.
Importantly, the rights described in this policy are in addition to the statutory rights to which you may be entitled under the Australian Consumer Law and other applicable Australian consumer protection laws and regulations.
Please note there may be limitations on your right to return and obtain a refund for products, however these limits will always be subject to your statutory rights.
Refunds will not be available in any circumstances. If you are not satisfied with any item that you receive from us for reasons of major failure as detailed above, you may be entitled to return that item to us in accordance with the below.
Replacement or credit as remedy
If you are not satisfied with any item that you receive from us due to a major failure, please let us know as soon as possible as we may be able to replace the item for you. In some circumstances, we may provide a credit instead of replacement at our absolute discretion.
What you must return to us
To receive a replacement or credit, you must first return the item to us along with its original packaging.
Returning items within the first 5 Business Days
If we receive the returned item, or written notice from you that you will be returning the item, within the first 5 Business Days after the earlier of the date of purchase and the date of delivery to you, then we will assess the circumstances (including analysing the returned item, if considered appropriate by us) to ascertain whether or not the Proprietor is at fault and:
- (Proprietor at fault) if we consider that the Proprietor is at fault, we will provide a full replacement of the returned item (or a credit at our discretion); or
- (Proprietor not at fault) if we consider that the Proprietor is not at fault, then we will not provide any replacement or credit.
Returning items after the first 5 Business Days
If we do not receive the returned item, or written notice from you that you will be returning the item, within the first 5 Business Days after the earlier of the date of purchase and the date of delivery to you, then we will assess the circumstances (including analysing the returned item if considered appropriate by us) to ascertain whether or not the Proprietor is at fault and:
- (Proprietor at fault) if we consider that the Proprietor is at fault, we will provide a full replacement of the returned item (or a credit at our discretion); or
- (Proprietor not at fault) if we consider that the Proprietor is not at fault, then no replacement or credit will be provided.
In this returns policy, “Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in Perth, Western Australia are open for business.
In all cases, you must pay the costs involved in shipping the returned product back to the Proprietor. If we consider that the Proprietor is not at fault, then no reimbursement in respect of those shipping costs will be provided. If we consider that the Proprietor is at fault, then we will reimburse you for your reasonable shipping costs incurred in returning the product to us.