1. Terms and Conditions
1.1 Welcome to www.midasjewellery.com.au (the Site) and thank you for shopping with us.
1.2 These terms and conditions (the Terms) govern the use of the Site, and the purchase of any goods or services from the Site.
1.3 The Site is owned and operated by:
- (a) Midas Jewellers Pty Ltd (ABN 97 113 823 804); and
- (b) Diamex Pty Ltd (ABN 96 157 939 305); and
- (c) Creation Jeweller Pty Ltd (ABN 65 614 157 890),
(together, Midas Jewellery, us, our, or we, and each independently is a Boutique).
1.4 A reference to ‘you’ means the individual (including a company or other entity) using the Site and / or purchasing any goods or services from the Site.
1.5 Please note that by:
- (a) accessing, using, or browsing this Site, and / or
- (b) purchasing goods and / or services from the Site,
you agree to be bound by these Terms. By using the Site, you acknowledge that you have read and understood these Terms. Where you do not accept these Terms in full, must not use or access the Site, or purchase goods and / or services from the Site.
2. Intellectual Property
2.1 All intellectual property rights in the Site vests in and is the property of Midas Jewellery (or its licensors). This includes without limitation, all photos, graphics, illustrations, jewellery designs, logos, trademarks (registered and unregistered), content, the name Midas Jewellery, and other intellectual property. Your use of the Site does not constitute a transfer of any intellectual property rights.
2.2 You may only use this property may for the purposes of browsing the Site or acquiring goods and / or services from Midas. You must not copy, modify, transmit, reproduce, or adapt the contents of the Site or the Site itself, or otherwise infringe the intellectual property of Midas Jewellery (or its licensors).
3. Privacy
3.1 Your privacy is important to us. When you use our Site and / or purchase products online, you consent that we will collect, store, handle, disclose and use your personal information as set out in our Privacy Policy, and as specified in these Terms.
3.2 We may ask you to provide a testimonial in respect of the Site, goods and / or services of Midas Jewellery or a particular Boutique. You do not have to provide a testimonial. If you do, you agree that we may use your testimonial on our Site, social media pages and / or other media formats.
4. Security
4.1 Whilst we take all care to ensure that the Site and data transmissions are free from viruses, Midas Jewellery does not warrant that your access to the Site will be uninterrupted, or that the Site will operate error free, that any defects will be corrected or that the Site and their servers are free of computer viruses, trojans, spyware and other harmful material. It is your responsibility to scan any such data for viruses.
4.2 We want you to be able to order from us with total confidence. As such we have created a secure transaction environment. Our Online Ordering System uses SSL (Secure Socket Layer) technology – the industry standard for encryption technology. SSL encrypts all personal information passed from you to our website. Encryption provides you with security and peace of mind when your browser and local network supports the use of encrypted data transmissions. Credit card payments are handled through the Stripe payment gateway, which has been certified as a PCI Level 1 Service Provider and when accepting payments, do so in a PCI compliant manner. We do NOT record any sensitive information including your credit card details, all this information is sent to Stripe for securely processing your payment.
5. Sale of Goods and / or Services
5.1 You may place orders for the purchase of goods and / or services through the Site. These Terms will govern such order. These Terms only apply to sales made through the Site. They do not apply to in Boutique sales of goods and / or services.
5.2 You agree that Midas Jewellery will communicate with you electronically by email when you place an order for goods and / or services from the Site.
6. Payment and Pricing
6.1 We accept Visa, Mastercard, American Express and PayPal, and any other methods which may be clearly advertised on the Site from time to time (for example, Zip Pay or AfterPay).
6.2 By purchasing on this Site, you confirm that the Paypal account or credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the Paypal account or credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment we will not be liable for any delay or non-delivery.
6.3 All prices quoted on the Site are in Australian dollars (AUD). Prices of goods and services and delivery and other charges displayed on the Site are current at the time of display. These prices are subject to variation without notice.
6.4 To help ensure that your online shopping experience is safe, simple, and secure, Midas Jewellery takes reasonable care, insofar as it is in our power to do so, to keep the details of your order and payment secure, but, in the absence of any negligence on our part, we cannot be held liable for any loss or damage you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
6.5 Please provide us with your correct name, address and contact details at the point of sale before we generate your tax invoice. Midas Jewellery may not be able to amend or re-issue tax invoices once they have been processed with the information provided by you at the time of the sale.
7. Product Information and Availability
7.1 We will always attempt to be as accurate as possible with our product descriptions. However, we are unable to warrant that product descriptions are accurate, complete, reliable, current or error free. Please ensure the goods you purchase are suitable
7.2 All orders are subject to availability. Items in your shopping cart are not reserved. We will do our very best to supply you with your ordered item. Please note, on occasion items may not be available. In this instance, we will be in touch and offer you a replacement, provide you with a timeframe as to the availability of the item, or provide you with a refund for the unavailable item.
8. Placing and Accepting Orders
8.1 We may require you to provide your name, address, email address, credit card number or other details should you wish to purchase from the Site. You agree to provide us with current, complete and accurate customer information. We accept no responsibility or liability for incomplete or inaccurate customer contact details. Please be sure to check and update with your local Boutique should you became aware of any discrepancy in your contact details used by us.
8.2 Placement of an order by you constitutes an offer to enter into an agreement with us. We will email you an order confirmation for the sole purpose of confirming the details of your offer. Please note that the order confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
8.3 Our agreement with you comes into existence when:
- (a) the Boutique provides you with correspondence confirming acceptance of your order; and
- (b) your payment has been processed and received by the Boutique in full.
8.4 Midas Jewellery may not accept your offer to purchase goods / and or services in its sole discretion, including where we are unable to obtain authorisation for payment, or orders placed in response to incorrect offers on the Site made as a result of human, system or technology error (including errors in the image, description or price). We will not be liable to you or any third party by reason of us not accepting your offer to purchase goods and / or services.
9. Cancellation
9.1 If you need to cancel an order, please immediately contact the Boutique you placed your order with. Once we have accepted payment for an order, it is in the Boutique’s sole discretion whether to accept your request to cancel an order. Orders that cannot be cancelled will be subject to our terms relating to refunds and exchanges.
9.2 We reserve the right not to provide goods or services, terminate your account, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms, we will not be held liable for loss or damage arising from the exercising of these rights.
10. Refunds and Exchange
10.1 For the avoidance of doubt, these Terms only apply to sales through the Site, and not to any sales made in a Boutique. Liability of each Boutique is several and not joint. That is, for any goods and / or services ordered, your recourse is only with the Boutique you placed the order with.
10.2 Midas Jewellery does not offer a refund for goods and / services unless the item does not comply with the provisions of the Competition and Consumer Act 2010.
10.3 Midas Jewellery does not offer an exchange:
- (a) for any items which have been custom made for you (for example, a personalised name pendant, or specially designed bangle), or after an item has been altered (for example, a ring that has been re-sized); or
- (b) for any items marked as ‘sale’ on the Site, or if the item description on the Site indicates the item is not eligible for exchange; or
- (c) due to health and hygiene reasons, earrings and / or body pierced jewellery, unless the item does not comply with the provisions of the Competition and Consumer Act 2010.
10.4 In addition to your rights under the Australian Consumer Law, and subject to clause 10.3 of these Terms, you may exchange your items subject to the following conditions:
- (a) you must first confirm your exchange with the Boutique prior to returning your item for exchange, provide a reason for the exchange and a copy of your receipt, within 7 days of the item being delivered to you;
- (b) you must return the item to the Boutique within 7 days of the item being delivered to you;
- (c) the item must be returned unworn, in its original box and / or packaging, not tampered with or adjusted in any way, and provided in a saleable condition;
- (d) each item is delivered to you with a barcode attached to the item. The item must be returned with the barcode attached in its original position and not tampered with;
- (e) you must return the item in person to the Boutique. If you are unable to take the item to the Boutique, you must return the item in a safe manner, so that the item does not become damaged or lost while in transit. You must return the item through registered post that requires signature on delivery. At all times, you agree to bear any cost or damage incurred by the Boutique if the item (including any packaging) is damaged upon its return to the Boutique. You accept all risk for the item while it is in transit and up to the time that the Boutique signs for the delivery.
10.5 Any acceptance by a Boutique of your request for an exchange remains subject, at all times, to conditions set out in this clause 10, to us receiving the items and the receipt from you, and inspecting to our satisfaction the condition of the items.
10.6 All exchanges will be for products of equal or lesser value. If an exchange is made for an item of higher value, you must pay the difference. You may choose a credit note in lieu of another item. The credit note will be valid for one (1) year. You may only exchange an item once, and you may not exchange the replaced item.
10.7 If you receive a ring that does not fit you correctly, the Boutique you placed the order with agrees to re-size your ring up to a 1 size difference.
11. Shipping
11.1 Your order will not be dispatched until payment in full has been received by the Boutique, and Midas Jewellery is satisfied with the integrity of the order.
11.2 It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.
11.3 Midas Jewellery will not deliver to PO Box addresses.
11.4 We will provide you with an estimated date for delivery of all parcels. While we make every effort to deliver by this time, all dates specified are estimates only. We have aligned ourselves with courier partners who we believe will always do their best to deliver items by the estimated delivery date.
11.5 It is your responsibility to inform the Boutique if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the courier to ensure delivery occurs as soon as possible.
11.6 We will not be held liable for any loss or damage resulting from late delivery. Late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.
11.7 We require a signature to complete delivery of goods, at which point responsibility for your purchased items passes to you. If you have specified a recipient who is not you for delivery purposes (for example, as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by Midas Jewellery, and transfer of responsibility in the same way. Without limiting the operation of any other Terms, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
11.8 Midas Jewellery shall not be responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission accident or circumstance beyond its reasonable control.
12. Gift Voucher & Credit Notes
12.1 Gift vouchers are valid from three (3) years from the date of purchase and are redeemable in store.
12.2 Credit notes are valid for one (1) year from the date of issue and are redeemable in store. An item may not be exchanged if purchased through a credit note.
12.3 Gift vouchers and credit notes are not redeemable for cash.
12.4 If you would like to utilise a gift voucher or credit note for an online purchase at the Site, please contact the Boutique directly.
13. Defective & Damaged Items
13.1 If you should receive an item that is defective, damaged, or not what you ordered, please contact the Boutique immediately. We will work with you to resolve any issues as soon as possible, noting that the items must be inspected by an expert at the Boutique and proof of purchase required.
13.2 If the item is found to be defective or damaged, please see clause 16.1 for the available recourse.
13.3 This does not cover loss, damage, breakage, changes in appearance, kinks, or the gradual degradation of all or part of the goods due to: normal wear; mishap; careless handling; improper use; use outside Midas Jewellery’ care instructions.
14. Disclaimers
14.1 While we endeavour to provide accurate and current information on the Site, Midas Jewellery (including its related companies, respective directors, employees, suppliers, consultants, and agents) do not make any representation or warranty as to the accuracy or completeness of the information. The information may contain inaccuracies, is subject to change at any time without notice and may not be up to date or accurate at the time you view it. Your use of the Site and the information on it is at your own risk.
14.2 You acknowledge and agree that Midas Jewellery does not control other users of this Site, the providers of information or ideas to this Site or the suppliers of goods and services purchased from the Site, and Midas Jewellery is therefore not liable for their opinions or behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
14.3 Whilst we take all care, skill, and consideration to ensure that the goods provided are as described, you warrant that at the time of purchase you have conducted any and all due diligence reasonably required by you to verify that the goods purchased are as described. To the fullest extent permitted by applicable law, Midas Jewellery disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Midas Jewellery makes no warranty that any goods or services purchased from Midas Jewellery will meet your requirements.
15. Indemnity
15.1 You agree to indemnify and hold Midas Jewellery (and its officers, directors, agents, subsidiaries, joint ventures, and employees) against any claims, proceedings losses, liabilities, costs or other expenses (including legal costs) and third party claims incurred by Midas Jewellery in connection with or arising, whether directly or indirectly, as a result of your breach of these Terms, your use or access of the Site, or any violation of any applicable law or the rights of a third party.
16. Limitation Of Liability
16.1 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, Midas Jewellery (including its related companies, respective directors, employees, suppliers and agents) limits our liability in respect of any claim to, at our option:
- (a) in the case of goods, 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; or
- (b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
16.2 We will not be liable or responsible to you for consequential or incidental damages, or loss of profits, revenue, goodwill or opportunities in contract, tort, under any statute or otherwise (including negligence) arising from or in any way related to these Terms, the Site or the purchase of any goods or services from Midas Jewellery.
16.3 Midas Jewellery does not exclude (including any applicable provisions in the Australian Consumer Law) any statutory or implied guarantee, condition, or warranty which it is prohibited by law from excluding or limiting (but only to that extent).
17. General
17.1 Should you have any questions, please contact the following prior to ordering goods or services:
- (a) Midas Jewellery, Bondi:
Phone: (02) 9387 4340
Overseas: +61 2 9387 4340
Email: [email protected] - (b) Midas Jewellery, Miranda:
Phone: (02) 9524 6390
Overseas: +61 2 9524 6390
Email: [email protected] - (c) Midas Jewellery, Parramatta:
Phone: (02) 9635 5001
Email: [email protected]
17.2 From time to time, the Site may offer a promotion or competition. If those promotions or competitions specify additional terms and conditions, they are in addition to these Terms and incorporated into these Terms. In the event of any inconsistency, the terms and conditions of the promotion or competition will prevail.
17.3 These Terms are governed by the laws of New South Wales, Australia and any dispute relating to it must only be referred to the courts of New South Wales and the Federal Courts of Australia.
17.4 Each clause of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or invalid, the remaining clauses will remain in full force and effect.
17.5 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. Your continued use of or access to our Site, or the purchase of any goods or services, following the posting of any changes to these Terms constitutes acceptance of those changes.
17.6 You must not assign, transfer or in any way charge, mortgage or deal with any of your rights or obligations under these Terms to another person without our prior written consent.
17.7 We may transfer our rights and obligations under these terms to another entity. We will provide you with written notice.
17.8 These Terms (and any document expressly referred to in it) constitutes the entire agreement between us and supersedes all previous agreements, promises, warranties and representations between us, whether written or oral, relating to its subject matter.
17.9 Midas Jewellery may terminate your access to the Site in its absolute and sole discretion at any time without notice. In the event of termination, you are no longer authorised to access or use this Site. All restrictions imposed on you, together with all disclaimers, limitations of liability and indemnities set out in the Terms of Use, will survive the termination of these Terms of Use and will continue in full force and effect.
