These terms and conditions (Terms and Conditions) govern the sale and delivery of ALINKA jewellery by ALINKA Pty Ltd (ALINKA).
For the purposes of these Terms and Conditions, we, us and our refer to ALINKA who is selling the ALINKA jewellery available on the ALINKA website (www.alinkajewellery.com).
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.
- All prices for ALINKA jewellery 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.
- International orders may also attract further taxes and duties dependent on the recipient country and the relevant import laws. As the recipient of your ALINKA jewellery you are liable for import duties, customs and local sales taxes levied by the country we are delivering to. Payment of these taxes and duties may be necessary to release your order from customs on arrival.
- We endeavour to ensure that our pricing is accurate and current and we reserve the right to amend our prices at any time.
2. Packaging and postage charges
All packaging in addition to our customary standard of packaging and postage charges are additional to the prices quoted for ALINKA jewellery on our website and will be calculated at the time of purchase in accordance with our delivery policies.
3. Methods of payment
We only accept payments by credit card using MasterCard or Visa.
4. Description of the Goods
- We endeavour to ensure that all ALINKA jewellery is described (whether in writing or photographically) as accurately as possible on our website. However, we cannot guarantee that the description of ALINKA jewellery is absolutely accurate at all times. Where we become aware of any inaccuracies in relation to the description of we reserve the right to correct that inaccuracy.
- Images provided on our website and other media are solely for illustrative purposes only and we cannot guarantee that any particular image has been reproduced in true colour to perfectly match the particular ALINKA jewellery or to perfectly reflect the full design or options pertaining to our ALINKA jewellery on our website or other media. Similarly, all dimensions, weights and qualities furnished by us or otherwise contained in catalogues, price lists whether on our website or not are intended to be by way of a general description of the jewellery and do not form part of our Terms and Conditions.
- The cost of delivery of ALINKA jewellery is payable by you in addition to the price quoted for the each piece of ALINKA jewellery on the website. Where the cost of delivery is not individually quoted on our website, it will be charged at the actual cost to us, plus an administrative fee of no more than 10% of total delivery costs.
- Any delivery, or delivery time, is an estimate and may vary and is offered without obligation to you. We will deliver your ALINKA jewellery to the address provided by you. We are not responsible for lost or missing orders due to an incorrect delivery address provided by you. We are not liable for any loss or claim resulting from failure to deliver your ALINKA jewellery when scheduled. Delivery dates may be subject to delays, including delays caused by you, by the carrier, the destination’s customs office or any other cause beyond our reasonable control. Where we arrange delivery, we do so as your agent and you assume all risk, costs for carriage and insurance costs.
- Title passes and you assume all risk for your ALINKA jewellery immediately upon despatch from our premises. Where despatch is delayed, title and risk passes to you after 14 days of us notifying you that your ALINKA jewellery is ready for despatch.
- Claims for shortages of the delivery ALINKA jewellery will only be considered by us if you notify us in writing within 10 days of receipt of your ALINKA jewellery.
- If after notification that your ALINKA jewellery is ready for despatch, despatch is delayed for any reason beyond our reasonable control we are entitled (not obliged) to arrange suitable storage at our premises or elsewhere. In these circumstances, you accept all costs of storage, insurance, handling and other storage associated charges.
- Once you have placed an order you may not cancel that order under any circumstances.
- It is within our sole discretion to reject your order and we are not required to provide reasons as to why we may have rejected your offer to purchase ALINKA jewellery in accordance with your order.
- We reserve the rights to cancel an order where any ALINKA jewellery has been listed at an incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight. In that instance, we will immediately refund any amounts charged to you.
7. Consumer guarantees
Subject to the Australian Consumer Law, we guarantee that as purchaser of ALINKA jewellery you are purchasing our jewellery:
- with clear title, unless stated otherwise;
- without undisclosed securities;
- fit for any disclosed purpose;
- with a right to undistributed profits; and
- matching any sample or demonstration model.
We also guarantee that the ALINKA jewellery which you purchase is of acceptable quality, in appearance and finish, free from defects, safe and durable and fit for all purposes for which goods similar in kind to ours are commonly sold.
- All ALINKA jewellery is made using high quality precious metals and precious stones. As each piece is unique and handmade using naturally occurring gems, there can be slight variations in the jewellery and size and colour of stones, so no two pieces are identical. Some stones will also have natural inclusions. Inclusions are not flaws or defects and in many cases these are evidence that stones are not man-made.
- Any ALINKA jewellery returned to us for assessment alleging a fault must be delivered to us at your expense and risk and with proof of purchase.
- 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 otherwise than in accordance with the manufacturer’s instructions; or
- damage that occurs in transit following a despatch from our premises.
- Where you notify us of a fault in your ALINKA jewellery which arises from faulty design, material or workmanship within 7 days of the fault becoming apparent to you we will, at our discretion, either return your ALINKA jewellery to the manufacturer for repair or replacement, or we may, at our discretion, replace or repair material faults on behalf of the manufacturer provided that:
the ALINKA jewellery has been:
- properly handled;
- in relation to earrings have not been worn;
- properly used in accordance with its ordinary use and for which it was intended; and
- maintained in accordance with usual maintenance practices;
- such faults occur within the earlier of 30 days after your ALIKNA jewellery has been despatched by us, or 60 days from when we notified you they were ready for dispatch.
- ALINKA jewellery presented for repair following a fault may be replaced by refurbished by jewellery of the same type rather than being repaired. Refurbished parts may be used to repair the jewellery.
9. Refunds and Exchanges
Refunds and exchanges will only be given if required under the Australian Consumer Law. ALINKA does not offer a refund or exchange simply because a customer changes its mind.
Your access to and all use of information on our website (www.ALINKAjewellery.com) including in relation to purchasing any ALINKA jewellery is provided subject to the following terms and conditions:
- we endeavour to ensure that the listings all ALINKA jewellery on our website is current and accurate, however, we give no undertaking as to the availability of any ALINKA jewellery advertised on our website;
- our website may from time to time contain hyperlinks to other websites, however, such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website;
- the existence of any hyperlinks does not indicate or imply that we support or endorse that website, the information available on it or the operator of that website; and
- 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.
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.
12. Intellectual Property
- The ALINKA jewellery website and all of 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 ALINKA 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 ALINKA. You have no right to use those marks in any commercial way without our prior written permission.
13. Governing law and jurisdiction
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.
14. Entire agreement
These Terms and Conditions constitute the entire agreement between us and you and supersedes any prior conduct, arrangement, agreement or understanding in relation to its subject matter.
15. Registered Business Address
SYDNEY NSW AUSTRALIA 2000