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Terms of sale

 

This Website is owned by Seraphearls Pty Ltd. These Terms and Conditions set out in these Terms of sale apply to all products and services sold by Seraphearls Pty Ltd (we, us and our) from https://seraphearls.com/(online store).

 

These Terms and Conditions constitute a legally binding contract between you and us and apply to the ordering, purchase, fulfilment and delivery of products from our online store. By making purchases through our online store, you agree to these Terms and Conditions.

 

Purchasing Eligibility

a. Only natural persons—not legal entities—are eligible to order products via the online store, provided that they:

i. have attained the age of legal majority required to enter into a contract (eighteen years);

ii. possess legal capacity to enter into a contract; and

iii. maintain a valid shipping address.

Individuals who have not reached the age of legal majority, or who otherwise lack capacity to enter into a contract, must have a parent or legal guardian place the order on their behalf, and such parent or guardian will be required to assent to these Terms and Conditions.

b. By submitting an order through the online store, you represent and warrant that you are a bona fide end-user customer purchasing for your own personal use or for the personal use of another, and that you will not deliver, resell, or otherwise distribute the products, nor purchase any products or services for commercial or resale purposes.

Products and Services

a. We offer for sale all products and services listed on our online store.

b. We reserve the right to amend the range and prices of our products and services at any time. All products and services are subject to availability.

c. Quantity limits may apply in relation to orders for certain products. We reserve the right to refuse at any moment in time, without prior notice, orders exceeding a certain number.

d. We make every effort to display as accurately as possible the colours of our products on our website. However, as computer monitors differ, we cannot guarantee that your monitor’s display of any colour will be an accurate representation of the true colour.

e. Natural pearls may exhibit inherent characteristics, including without limitation minor surface blemishes, irregular or uneven shape, and subtle variations in colour or lustre. Such characteristics are natural and expected features of pearls, do not constitute defects, non-conformity, or a failure to meet specifications, and shall not give rise to any claim, rejection, return, price reduction, or other remedy on the basis of quality.

 

Limitation of Liability

a. To the maximum extent permitted by applicable law, all other terms, conditions and warranties in relation to the any products and services from our online store are excluded and disclaimed, whether express or implied (including by statute, custom, trade usage or prior course of dealing).

b. Nothing in these Terms and Conditions limits or excludes any liability that cannot be limited or excluded under applicable law, including any non-excludable consumer guarantees under Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law).

c. Subject to the foregoing, our total aggregate liability to you arising out of or in connection with any order, whether in contract, tort (including negligence), under statute or otherwise, and whether or not advised of the possibility of such loss, is capped at an amount equal to 100% of the price paid for the products of services in that order.

 

Your Account for Orders placed on Our Online Store

a. To place an order via the online store, you must have an active account unless you use the “Guest Checkout” option. Creating an account may grant access to additional Website features, including order history, order status, and address management.

b. By creating an account, you consent to receive our marketing communications. You may opt out at any time by using the “unsubscribe” link or mechanism included in those communications.

c. You represent and warrant that all information you provide in connection with your account is complete, accurate, and truthful.

d. We may, in our sole discretion, suspend or terminate your account if, acting reasonably and in good faith, we deem it necessary to protect you or us from fraud, or from any unlawful or unauthorised use.

 

Orders

a. Orders may be placed by following the instructions provided on the online store.

b. Each order placed constitutes an offer by you to purchase the relevant products or services at the price displayed at the time of ordering, together with the delivery charges shown and any applicable additional or international delivery charges. We may accept or reject any offer in our absolute discretion.

c. If we accept your order, a separate and binding agreement arises between you and us for the supply of the relevant products or services in accordance with these Terms and Conditions.

d. We may withhold or refuse acceptance of any order for personalised products, or products accompanied by a message card, that contain language which is objectionable, unlawful, or contrary to our policies. You are solely responsible for ensuring the accuracy of any wording provided for personalisation.

e. We reserve the right, in our sole discretion, to refuse, cancel, or terminate orders at any time on reasonable grounds. By way of example, this may occur where there is an ongoing dispute concerning payment of a prior order, where fraudulent activity is suspected, or where these Terms and Conditions have been or may be breached, including in relation to engraving or other personalised content that is objectionable, unlawful, or contrary to our policies.

f. If you place multiple separate orders, the products or services will be supplied and delivered separately, and a separate delivery charge (and any applicable additional or international delivery charge) will apply to each order. Separate orders cannot be consolidated into a single delivery.

g. Where multiple items are ordered in a single order, we will, where practicable, dispatch all accepted items together. However, items may be dispatched separately in some circumstances. In such cases, only one delivery charge will apply to that order.

 

Custom-made orders

a. This clause applies to bespoke or custom-made goods and services supplied by us, including without limitation pearl matching, custom settings, personalised sizing, special ring sizes, unique CAD designs and sourcing of rare pearls or materials (Custom Works).

b. Deposits and Prepayment

i. A non-refundable deposit of 50% of the quoted price is payable to confirm any order for Custom Works.

ii. For highly personalised designs or where significant sourcing or design work is required (including special ring sizes, unique CAD designs or rare pearl/material requests), a deposit of 70% or full prepayment may be required as a condition of accepting the order.

iii. No production or procurement will commence until the required deposit or prepayment is received in cleared funds.

c. Cancellations

i. If the Customer cancels the order after production, procurement, design, or customisation work has commenced, the deposit (and any additional amounts paid) is forfeited to us on account of costs, time, materials and loss of opportunity, and we may retain, resell or otherwise deal with the partially completed goods.

ii. If the Customer cancels before production or procurement has commenced, we may, in its sole discretion, refund part of the amounts paid, less reasonable costs already incurred, including design/CAD work, material sourcing, administrative costs and any third-party charges.

iii. Any refund approved will be processed to the original payment method within a reasonable time.

d. Customer Specifications and Accuracy

The Customer is responsible for the accuracy and completeness of all specifications, including ring sizes, measurements, engravings, materials, and design approvals.

Prices, Taxes and Delivery Charges

a. Prices displayed on product pages of the online store may include 10% GST and exclude delivery charges and any other applicable taxes or duties.

b. The applicable currency will be determined by the shipping destination after you provide the delivery address and will be shown in your shopping bag prior to checkout. You must carefully review the updated prices and currency before placing your order.

c. Sales taxes, GST, VAT, customs duties and similar charges may vary depending on the delivery location and will be applied accordingly.

d. Delivery charges are described in our delivery policy. Shipping costs are not shown on product pages and will be added after you select your delivery options. All applicable delivery charges will be summarised prior to order confirmation and will also be reflected in our email communications once delivery options are selected.

e. Orders shipped to destinations outside Australia may be subject to customs duties, import taxes, fees, and charges imposed by the destination country’s customs authority. These amounts are not included in the product price or any delivery charges displayed at checkout unless expressly stated.

f. You are solely responsible for payment of all customs duties, import taxes, brokerage/clearance fees, and any related charges applicable to the shipment upon or prior to delivery.

g. Taxes applicable to your purchase will be presented before you place your order and will depend on the delivery destination.

h. We may modify prices and delivery charges at any time without prior notice. However, the product price and delivery charges stated in your Order Confirmation will be honoured.

i. Reasonable care is taken to ensure that product prices and delivery charges are correct when entered into our systems. Despite these efforts, pricing or delivery charge errors may occur. If a product or delivery charge is incorrectly priced:

i. we will contact you as soon as practicable to notify you of the error; or

ii. if we cannot contact you using the details provided during checkout, we will cancel the order and notify you in writing.

j. If an order is accepted and processed in error, we may cancel the supply of the affected product and refund any amounts paid.

k. If there is a change in applicable law between the date you place your order and the date we issue the written confirmation of order which results in a change to the taxes payable, we will notify you. If the change increases the taxes payable, you may be asked to reconfirm your order. If you do not reconfirm within the time specified, the order may be cancelled and any amounts paid will be refunded.

 

Payment

a. We accept the methods of payment identified as part of the order process via the online store. Depending upon the means of payment, we may require additional information, including specific forms of identification.

b. Where we offer Credit Card, PayPal/PayPal Express/Alipay/WeChat Pay/Apple Pay or any other similar payment service as specified on the online store as a payment method, the full amount of your purchase may be debited on your payment card immediately following the placement of your order or when payment is approved by the payment provider. Pre-payment shall not impact any of your legal rights under these Terms and Conditions (including for example any right of refund). If we cannot meet our shipping and/or delivery obligations set out below, we will notify you via e-mail and we will refund the pre-payment without undue delay.

c. Credit card companies may allow you to pay for your products in instalments. This payment method will be subject to the terms and conditions of your credit card company.

d. We reserve the right to change the payment methods that can be used for orders at any time in its absolute discretion.

e. We may not be able to, or may decline to, accept payment from you by your nominated payment method:

i. where our fraud detection systems detect possible irregularities;

ii. because your financial institution or other provider has declined payment;

iii. because your payment card has expired;

iv. where technical difficulties impact our ability to process payment; or

v. if we believe, acting in good faith, it is necessary to protect you or us from loss.

f. Where this happens, we the right to cancel your order and/or place your order on hold and request you to provide additional information (for example, to verify your identity) or arrange payment by another method.

g. Any order placed will not be dispatched until your payment has cleared. If your payment cannot be processed, your order will be rejected and we will notify you by email.

Acknowledgement of Order

a. After you place an order via the online store, you will receive a written acknowledgement (by email or otherwise) confirming the order details and providing an order reference number. Please retain the reference number for future enquiries. This acknowledgement does not constitute acceptance of your order. Acceptance is subject to our customary credit, security, and related checks. If those checks are satisfactory, we will proceed to process and confirm your order.

 

Cancellation of Orders

a. We reserve the right to cancel, at any time before delivery, an order where:

i. We, acting in good faith, are unable to obtain sufficient quantities of stock to fulfil your order within a reasonable time;

ii. an event beyond our control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic, governmental action or failure or problems with the internet or third-party computer systems, means that we are unable to supply the products or services within a reasonable time;

iii. Products or services ordered were subject to an accidental error on the online store, for example, in relation to a description, price, or image;

iv. your order exceeds any specified purchase limits for the products; or

v. we reasonably suspect fraud or that you may be purchasing the products for resale.

 

Confirmation of Order

Upon shipment of your order, we will send you a confirmation of order in writing (by e-mail or otherwise). This confirmation of order constitutes our acceptance of your order and indicates the existence of a binding sales contract.

 

Delivery

Your order will be delivered in accordance with our Dispatch and Delivery Policy (link).

 

Refund and Return

Our Returns and Refund policy can be accessed from here.

 

General

a. We may amend these Terms and Conditions at any time. Amendments take effect when published on our website. The Terms and Conditions in force at the time you place your order will apply to that order.

b. If any provision of this agreement is invalid or unenforceable in any jurisdiction, it will be read down to the minimum extent necessary to be valid and enforceable. If it cannot be read down, it will be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions or the validity or enforceability of that provision in any other jurisdiction.

c. These Terms and Conditions are governed by the laws of New South Wales, Australia.