PHILIP’S JEWELLERY (ACN 109285878) – TERMS OF SERVICE

Our Disclosures:

Our complete terms and conditions are contained below.

There are some important points for you to know before you become a customer:

• Our liability under these terms is limited as set out in clause 14;

• Our refund and exchange policy is set out in clause 12.

Nothing in these terms limit your rights under the Australian Consumer Law.

1. Introduction

This website (Site) is operated by Philip’s Jewellery (ACN 109285878) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site or in store. Also including our in store jewellery services.

2. Use of the Site

You accept these Terms by placing an order via the Site or in person at our store.

You must not engage in any unlawful, inappropriate, or harmful activities when using the Site, including breaching privacy or legal rights, harassment, defamation, interference with users or the Site's operation, sending unsolicited messages, data mining, or assisting others in such conduct.

3. Orders

You may order products from us as set out on the Site or in person at our store at the listed prices (including other applicable charges and taxes).

We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed.

Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms:

We reserve the right to discontinue any product at any time and to limit the quantities of anyproducts that we offer. We may exercise this right on a case-by-case basis.

It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order.

All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products. However, we operate on a ‘first come first served’ policy and if a purchase is made in store for your product, we may need to cancel your order.We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.

All orders for bespoke jewellery must be placed in store. When you place a bespoke jewellery order, we will provide you with an approximate quote to include design specifications, materials, estimated completion timeframes and total pricing.

Included in our service of bespoke jewellery are minor alterations such as adjusting finger size (subject to our Resizing Policy), rounding edges, or modifying ring width. However, significant changes or remaking the piece may incur additional charges.

4. Price and payments

You must pay us the purchase price of each product you order in store or online, plus any applicable delivery costs as set out on the Site or agreed on in store (the Price) in accordance with this clause. All amounts are stated in Australian dollars and Australian GST (where applicable) will be set out separately. You must pay any customs duties or taxes charged on the Price. For products purchased in store we may offer lay by options.

If you are ordering on the Site, you must pay the full Price upfront. For online orders the payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

Payments in store may be made by Eftpos, Visa, Mastercard or cash.

You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

If you are ordering a bespoke piece, following our initial consultation, we will require a deposit which is not refundable in any instance. The remaining balance is payable upon completion and before collection or delivery of the finished piece. Please note that final prices may vary depending on the actual metal weight used in the piece. Any quote provided for bespoke work represents a price range rather than a fixed amount. We will keep you informed of any significant changes to the estimated price as the work progresses.

For all jewellery repairs done in store full payment is required before collection. In some instances a deposit may be required before any repair work commences.

5. Product Images and Variations

The images of products displayed on our Site are for illustrative purposes only. Due to the nature of jewellery and the variations in individual craftsmanship, the actual products may differ slightly from these images.

Factors such as the cut, clarity, and colour of gemstones, as well as the precise shade and texture of metals, may vary between the digital representation and the physical item.

While we strive to display colours accurately, we cannot guarantee that your device’s display will accurately reflect the true appearance of our products. The appearance of products may also vary under different lighting conditions.

For bespoke or custom-made jewellery, please note that the final product may differ slightly from any digital renders or sketches provided during the design process.

We recommend visiting our store to view products in person before making a purchase if you have specific requirements or concerns about the exact appearance of an item.

6. Delivery, title and risk

If possible we will deliver the products to the delivery address you provide when making your order. We currently deliver our products Australia wide. If you are outside Australia please contact us to discuss delivery options.

Delivery is usually within 10 business days. However, any delivery periods notified to you are estimates only, based on the information provided by the delivery company.

We deliver the products using a range of delivery methods including Australia Post or a selected courier. You will need to sign for all deliveries.

Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.

Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

7. Warranty against defects

In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

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.

In addition to any other rights you may have under the Australian Consumer Law we warrant to you that the product we supply to you will have a Lifetime Warranty.

What is a defect? Our Warranty applies to any fault, error or defects in the products (Defect).

What do you need to do to claim the Warranty? If you believe you have a product the subject of a Defect you must cease using the product and contact us in writing along with a photo and description of the Defect. If we ask you to, you must return to us the defective products, together with all packaging and proof or purchase to the contact details set out below.

Where you return a product as part of Defect claim you will need to cover any associated costs of you returning the products to us and where we find the product is covered by our Defect we will refund the associated costs of you returning the product to us.

When we receive the products you return, we will assess the alleged Defect and make a determination as to whether the claim is valid under our Warranty.

What will we do if you make a successful claim under our Warranty?

We will, at our own cost:

(1) repair or replace the product (the decision of whether to repair or replace is at our sole discretion); or

(2) if we are unable to repair or replace the product, we will offer you a choice of a credit, refund or compensation as applicable to the Defect.

Damage not covered by our Warranty The following damage is not covered by our Warranty and for these items we will provide you with a repair quote:

(1) normal wear and tear

(2) aesthetic blemishes

(3) discolouration due to use or being in storage

(4) damage due to mishandling or inappropriate use

(5) altering, resizing, engraving or repair by any party other than us; or

(6) damaged due to failure to obtain repairs necessary to maintain the product’s integrity.

8. After Sales Service

Visit our store anytime during our regular opening hours. We provide a complimentary inspection service for all jewellery purchased from and made by us.

During our inspection process, usually while you are present, we will examine the piece to determine if any repairs or maintenance is needed to keep you jewellery looking its best.

If required our standard service timeframe is usually 5 to 10 business days. If applicable we will provide you with cost estimates and timing details before commencing any such services.

9. Customer-Supplied Diamonds & Gemstones

We may accept customer-supplied stones for use in bespoke jewellery pieces.

We will inspect and need to approve the gemstone before accepting it for use in your bespoke jewellery piece.We will advise you if your gemstone or diamond presents any increased risk of damage and will recommend the safest, most suitable type of jewellery and setting style for your stone.

You acknowledge that all gemstones carry an inherent risk of damage during the setting process. While we will take utmost care in handling your gemstones, we are not liable for colour changes in treated stones, damaged due to fracture filling or any damage that occurs despite our reasonable care.

Philip’s Jewellery cannot guarantee that damage will not occur, and it is your responsibility to decide if resetting the stone is worth the risk involved. This should be a consideration with particularly fragile stones or stones of sentimental value.

In the event of damage, we may offer to replace the gemstone or have it recut, subject to market availability and at your expense.

By supplying your own gemstones, you accept these terms and the associated risks.

10. Customer-Supplied Jewellery for repairs

At our discretion we accept customers jewellery made by other jewellers (Jewellery not made by Philip’s Jewellery) that requires resizing, repair, maintenance or restoration.

We will inspect your jewellery item and advise on the type of work required. We also consider the quality and manufacturing process of the original piece, also any alterations or repair work

previously done.

You will be advised if your jewellery may present issues during the repair process. Though the upmost professional care is taken during assessment and the process, there may be an unforeseen circumstance and we can not guarantee that your piece can be repaired or restored.

We are not liable and take no responsibility for damage to your jewellery due to the use of low quality materials, poor manufacturing or workmanship used to initially create, previously repair or maintain your jewellery.

Though we endeavour to achieve the desired outcome you accept these terms and the associated risks.

11. Resizing

We offer one complimentary resize for all our custom-made rings and rings purchased from Philip’s Jewellery subject to the following conditions:

(1) You must contact us regarding the resize within 30 days from the date of in-store collection or, for online purchases, from the delivery date. Resizing requests outside this timeframe will incur a charge;

(2) We strongly recommend visiting us in-store for us to measure your finger size suitable for the style of ring.

(3) We understand this may not be possible for those who have or would like to purchase via our online store. For the most accurate sizing we can only suggest you visit a reputable

jeweller in your area however we can not guarantee the size will be correct. You may contact us and request the ring be resized prior to being delivered to you.

(4) If you choose to have the ring resized by us after delivery, it is your responsibility to return the ring to us for complimentary resizing, we will then deliver the ring back to you. Please

note delivery charges may apply. For the most accurate sizing we can only suggest you

visit a reputable jeweller in your area however we can not guarantee the size will be

correct.

(5) Most resizes can be completed within two weeks, though complicated designs may require additional time. Please inform us of any urgent deadlines;

(6) The following types of rings are not eligible for free resizing and will incur a charge (some may need to be remade):

(A) Rings requiring more than three sizes of adjustment;

(B) Certain two-tone ring designs;

(D) Rings made of titanium, zirconium, or similar metals;

(E) Eternity rings or those with stones set around the entire band;

(F) Rings where resizing may compromise stone settings;

(G) Unconventionally shaped rings or fitted wedding bands;

(H) Rings with patterns, textures, mill-grain, or engraving.

12. Returns

We do not offer any change of mind refunds or exchanges for bespoke pieces or any pieces that have been customised in any way.

We offer exchanges (subject to stock availability) or refunds of products for change of mind for our standard pieces, where we determine (at our absolute discretion):

(1) you have provided the proof of purchase and you purchased the products within 7 days prior to the request for an exchange or refund;

(2) the products are in their original condition and have not been worn, damaged, tampered with, washed, altered;

(3) the products are in their original undamaged packaging with all product tags still intact;

(4) the products are not sale items, custom-made, special buy products or gift vouchers; and

(5) a return and exchange has been agreed.We will not cover the costs of delivery or re-delivery for a change of mind return. You must cover these yourself.

You may have rights under the Australian Consumer Law (see below) in addition to this clause.

13. Australian Consumer Law

Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.

Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

14. Limitations

Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:

(1) neither Party will be liable for Consequential Loss;

(2) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or

omissions of the other Party, including any failure by that Party to mitigate its losses; and

(3) our aggregate liability for any Liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim.

15. Intellectual property

All intellectual property developed or created by us, including content on the Site and our products (Our Intellectual Property), remains our property. We grant you a limited license to use Our Intellectual Property for personal, non-commercial purposes only.

You must not use, copy, reproduce, distribute, or modify Our Intellectual Property without our prior written consent. This includes using it for commercial purposes or creating derivative works.

You may share Our Intellectual Property on social media, provided you don’t claim ownership,imply our endorsement without our written agreement, damage our reputation, or violate these Terms.

16. General

Photography: We may photograph or film custom pieces for promotional purposes, but will not publish images of surprise pieces until at least 2 months after completion unless otherwise

agreed. We prioritise your privacy and will never disclose personal information without your express permission. If you have concerns about the use of imagery related to your custom jewellery, please contact us to discuss your preferences.

Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.

Feedback and complaints: We are always looking to improve our services. If you have anyfeedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

Governing law: These Terms are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.

17. Definitions

Consequential Loss means, whether under statute, contract, equity, tort (including negligence),indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions and notices, please contact us at:

Philip’s Jewellery (ACN 109285878)

Address: 20 Gregory Street, Mackay 4740

Phone Number: 07 4957 2585

Email: philip@philipsjewellery.com.au