- a) "Seller" means VENEZIA JEWELLERY ABN 35909213740
- b) "Buyer" means any person, body corporate or entity which purchases or orders the Goods from the Seller.
- c) "Conditions" means these terms and conditions for the supply of the Goods by the Seller to the Buyer, as amended or varied in writing by the Seller.
- d) "Contract" means a contract between the Seller and the Buyer for the sale of the Goods.
- e) "Goods" means all goods delivered by the Seller to the Buyer or to be delivered by the Seller to the Buyer.
- Application of Conditions
These Conditions apply to all orders placed by the Buyer with the Seller unless otherwise agreed in writing by a duly authorised officer of the Seller.
Any order made by the Buyer is not binding on the Seller until accepted by the Seller in writing. A Contract will be formed upon the written acceptance by the Seller of an order for the Goods by the Buyer. The Buyer acknowledges that it will be bound by these Conditions which will form part of the Contract. The Contract may only be varied with the Seller's prior written consent. To the extent any conflict exists between these Conditions and any other documentation or correspondence forming part of the Contract, these Conditions are paramount and prevail.
No terms stated by the Buyer in making an order will be binding upon the Seller unless accepted in writing by a duly authorised officer of the Seller.
These Conditions supersede all terms and conditions of sale previously issued by the Seller.
Any quotation issued by the Seller is not and will not be construed as an offer capable of acceptance by the Buyer.
Acceptance of Order
The Seller may upon receipt of an order, decline that order and reserves the right, in its sole discretion, to decline any order or part thereof. Any order or part thereof not accepted is deemed cancelled. The Seller requires that any order of Goods be in writing.
Delays in Delivery
It may be necessary to order products or parts for the products which have been ordered by the Buyer from third parties which may mean that the product you have ordered is not immediately available. The Buyer will receive regular progress updates regarding the order and estimated delivery date of the product which has been ordered.
Governing Law & Submission to jurisdiction
All of the Conditions and the Contracts will be governed by and interpreted in accordance with the laws of the Northern Territory.
Cancellation of Orders
An order accepted by the Seller cannot be cancelled without the Seller's prior written consent (in its sole discretion). No application for cancellation or delay in delivery will be considered unless made by the Buyer in writing to the Seller.
The Seller will consider an application for cancellation or delay in delivery in its sole discretion.
Unless otherwise agreed in writing by the parties, prices are as set out on the sellers website and as issued from time to time including any GST payable by the Seller and are subject to variation by the Seller without notice.
If between the date of acceptance of an order and issue of an invoice, there is an increase in the cost to the Seller of supplying the Goods which is beyond the control of the Seller, then the Seller may increase the amount of the invoice in line with the increase in cost.
Unless the Seller expressly advises in writing, the price for any Goods does not include the costs of delivery of the Goods and all costs, charges or expenses incurred by the Seller in relation to delivery are payable by the Buyer.
Any GST payable by the Seller in respect of the supply of the Goods will be paid by the Buyer to the Seller. The Buyer must supply the Seller with its ABN prior to, or at the time of, placing an order with the Seller if applicable.
The Seller will invoice the Buyer on delivery of the Goods OR The Buyer is required to pay for the Goods upon placement of the order of goods displayed on the website.
Unless otherwise agreed in writing by the Seller, payment by the Buyer to the Seller will be made on the day the buyer has decided for the go ahead with the order or before the invoice was issued. Time for payment is of the essence of the Contract. Where payments are overdue, the Seller may, in addition to any other rights it may have, in its sole discretion, either cancel orders under clause 15 or suspend delivery of outstanding Goods under clause 9.
If the invoice price is not paid by the due date then interest will accrue on that amount from the date of delivery of the Goods until the price is paid in full. Interest will be paid at a rate of 12% per annum. Interest will accrue on a daily basis and be payable on demand.
If the Buyer defaults in payment or breaches these Conditions then it will be liable for all costs incurred by the Seller and will indemnify the Seller against any loss, liability, charge, expense, outgoing or payment which the Seller suffers, incurs or is liable for in respect of the recovery of monies owing by the Buyer to the Seller.
The Seller will deliver Goods purchased by the Buyer to the Buyer’s nominated address via Australia Post or other delivery services from time to time.
The Seller reserves the right to make deliveries of any order by instalments in which case each instalment will be deemed to be the subject of a separate contract governed by these Conditions for which the Buyer must separately pay.
The Seller will not be liable in any way for any failure or delay in delivery or for any loss or damage resulting directly or indirectly from any failure or delay in delivery of the Goods irrespective of whether such failure or delay is negligent or within the Seller's control or otherwise
(a) the Seller, in its sole discretion, considers that the financial condition of the Buyer so warrants and that such action is advisable to protect the Seller's interests; or
(b) the terms of payment for any Goods are not strictly adhered to by the Buyer.
To the fullest extent permitted by law, the Buyer has five (5) business days from the delivery of Goods to accept or reject the Goods in writing and if the Buyer fails to notify the Seller within that period, the Buyer is deemed to have accepted such Goods.
Return of Goods
To the fullest extent permitted by law, no Goods will be returned unless:
- a) prior authorisation has been given by the Seller;
- b) the correct invoice number is quoted on the Buyer’s return docket;
- c) the returns are made within five (5) business days after delivery;
- d) the reason for return of goods ( Goods must be faulty or Goods is not matching the descriptions of your ordered )
The Buyer will not be entitled to return the Goods to the Seller except as stated above or with the written consent of the Seller, at the discretion of the Seller. All Goods returned will be subject to a handling charge of 15% of the invoice price of the Goods and the Buyer will pay all return freight costs.
Without limiting the generality of the foregoing, the Seller and the Buyer agree that, to the fullest extent permitted by law, the Buyer will not be entitled in any circumstances to return Goods which the Seller has acquired specifically for and at the request of the Buyer.
Risk in the Goods passes to the Buyer on delivery of the Goods or on dispatch of the relevant invoice whichever is the earlier and from that time the Buyer assumes all risk of loss and damage to the Goods including without limitation all loss or damage in the course of delivery the Goods following delivery.
Warranty and Liability
(a) Subject to any condition, warranty or right implied or imposed by the Competition and Consumer Act 2010 (Cth) (CCA) or any other law which cannot by law be excluded by agreement, or any express provision in these Conditions, the Seller gives no warranties regarding any Goods supplied and all other implied or imposed conditions, warranties and rights are excluded. Where any condition, warranty or right is implied or imposed by law and cannot be excluded, the Seller limits its liability for breach of that implied or imposed condition, warranty or right to the fullest extent permitted by law.
(b) Subject to the qualifications in section 64A of Schedule 2 of the CCA or any other law, the Seller's liability for any breach of any implied or imposed condition, warranty or right in connection with the supply of Goods is limited to one or more of the following (at the election of the Seller):
(i) replacement of the Goods or supply of goods equivalent to the Goods;
(ii) repair of the Goods;
(iii) payment of the cost of replacing the Goods or acquiring goods equivalent to the Goods;
(iv) payment of the cost of having the Goods repaired.
(c) Subject to these terms and conditions and despite any implication arising from any other provisions of these Conditions:
(i) to the fullest extent permitted by law, the Seller will only be liable for a safety defect (as defined in the CCA) in any Good if the Buyer notifies the Seller in writing of the safety defect (as defined in the CCA) in any such Good within five (5) business days after the date of receipt and the Seller accepts such liability;
(ii) the Seller is not liable to the Buyer, its servants, agents or contractors, in contract, in tort (including negligence), under any statute (to the fullest extent permitted by law) or otherwise for, or in respect of, any indirect or consequential loss or damage including without limitation financial loss or expense including loss of opportunity, loss of profits or loss of goodwill suffered by the Buyer or any other person arising directly or indirectly out of or in anyway attributable to the Goods, or their delivery, or the performance of the Contract for the sale of the Goods upon these Conditions even if that loss or damage was in the contemplation of the parties at the time of entry into the Contract; and
(iii) subject these terms and conditions, the aggregate liability of the Seller in contract, in tort (including negligence), under statute (to the fullest extent permitted by law) or otherwise for, or in respect of, any loss or damage arising directly or indirectly out of or in anyway attributable to the Goods, or their delivery, or the performance of the Contract will not exceed 10% of the amount payable to the Seller under the Contract.
(d) Where the Seller elects to replace the Goods the Seller will credit the cost of the Goods being replaced and will replace them as soon as possible with other Goods of the same or equivalent kind at the price charged for the original Goods and otherwise upon the same terms and conditions as those to which the original Goods were subject.
Termination by the Seller
Without prejudice to any of its other rights, powers or remedies, the Seller may cancel any order for the delivery of Goods and terminate any contract governed by these Conditions if:
(a) the terms of payment for any Goods delivered to the Buyer by the Seller have not been strictly adhered to by the Buyer;
(b) the Buyer defaults under any of its obligations under these Conditions.
The Seller will be entitled to payment for all Goods delivered up to the effective date of termination. Termination of a Contract is without prejudice to the rights of the Seller accruing up to the date of termination.
The supply of Goods to the Buyer does not constitute a transfer of any intellectual property rights in the Goods or any part thereof. The Buyer must not do anything inconsistent with or in infringement of such intellectual property rights. The Seller does not warrant that the supply by it and the use by the Buyer of the Goods does not and will not infringe the intellectual property rights of any third party.
(a) Notwithstanding any other provision of these Conditions, if the Buyer breaches a term of a Contract, the Seller is not bound to perform its obligations under that Contract until the breach is remedied by the Buyer.
(b) The Seller is not liable for any failure to observe its obligations under these Conditions where such failure is wholly or substantially due to a force majeure event, which includes any cause beyond the control of the Seller, including strike, industrial action, war, sabotage, terrorist activity, national emergency, blockade or governmental action, inaction or request, and act of God.
Images used on the Sellers Website
- The Buyer acknowledges that the photographs used by the Seller for the advertisement of goods for sale may not be to scale images of the goods particularly if the goods are modified at the request of the Buyer.
- The Buyer is obliged to make enquiries of the size / dimension / components of the goods with the Seller prior to purchase if necessary and a failure to do so will not be sufficient grounds for termination of the order or a refund.
Any waiver of any right or remedy of the Company under a Contract:
- is effective only if it is issued in writing and properly signed on behalf of the Company;
- is effective to the extent that the Company expressly states in writing; and
- does not constitute a waiver of any other right or remedy under the Contract.
Any dispute between the Buyer and Seller arising out of or in any way connected with an Order which is not resolved by the Seller and Buyer within 14 days of a notice by either party to the other advising that it is a notice shall be referred for determination to the person agreed between the Seller and Buyer or, failing such agreement, to the nominee of the Seller, who will act as an independent expert and not as an arbitrator and the expert's written determination is final and binding on the parties.