TERMS AND CONDITIONS
This page explains the terms and conditions under which we provide you with any of the products displayed on our website (www.amberandjadecrystals.com). Before ordering any products from our site, please read these terms and conditions carefully. By ordering any of our products, you agree to be bound by these terms and conditions. To indicate your agreement of these terms and conditions, please click the box on the "Checkout Page." Please realise that you will not be able to order anything from this site if you do not agree these terms and conditions.
2. Availability of services
Our website is intended for use by people all over the world, but automated delivery is only available in the following Australian states: Victoria (Vic), New South Wales (NSW), ACT, Queensland (QLD), Northern Territory (NT), Western Australia (WA), South Australia (SA), and Tasmania (Tas). Orders from individuals outside of these states or countries will still need to be manually processed at this time. Please contact us via our website 'contact us' link or via email on firstname.lastname@example.org
3. Your current situation
By using our website to place a purchase, you guarantee that you have the legal authority to enter into legally binding and purchase transactions;
4. How do you and we come to an agreement?
Your order is an offer to purchase a product from us. All orders are subject to our acceptance based on these terms and conditions. You will receive an e-mail from us acknowledging that we have received your order once you place it (Order Acknowledgement). Please keep in mind that this does not imply that your order has been approved. Unless we have told you that we do not accept your order or you have cancelled it, we shall accept your order and the sale relationship between us (Contract) will be created when we dispatch the purchased products to you.
5. Rights of the consumer
5.1 If you are contracting as a consumer, you have seven working days to cancel a Contract, from the day after you receive the Products. In this event, you will receive a full refund of the Products' purchase price, as per our refund policy (set out in paragraph 9 below).
5.2 If you wish to cancel a Contract, you must notify us in writing and promptly return the Product(s) to us, unopened and in the same condition as when you got them, at your own cost and risk.
6.1 All orders will be dispatched by our contracted delivery service provider - Sendle. We will send you an email notification with tracking information once it has been dispatched unless you elect to collect your order from our Cobbitty address. Please allow between 2 - 3 business days for us to process your order and an additional 3-5 business days to receive your parcel. We will endevour to have the items to you as soon as possible. For Cobbitty collections please wait to receive an email and or SMS confirmation with address and pick up times options.
6.2 Delivery costs are an addition to your order. This will appear as a seperate item in your cart/invoice. Shipping is free for orders above $99 in most cases. This could vary with custom orders placed directly with us that incurr excess shipping costs due to excessive weight. We will always first provide you with a quote before proceeding and await for confirmation from your end including a non refundable deposit from you to secure the order.
6.3 We take the greatest care in packaging all of our items for safe delivery. We do not take responsibility for breakages during transit. If by chance your items arrived damaged, please contact us immediately via email @ email@example.com within 7 days of receipt describing the problem and attaching a photo of the damaged item. We source our products both locally and Internationally and they are all dispatched from our Cobbitty location - they are not drop-shipped. Delivery times may vary depending on delivery State.
7. Risk and title
7.1 From the moment the Products are dispatched, they are at your risk.
7.2 Ownership of the Products will only pass to you once we have received full payment of all sums payable, including shipping charges, for the Products.
8. Payment and price
8.1 Except in circumstances of error, the pricing of any Products will be as quoted on our site from time to time.
8.2 These prices include GST, however they may not include delivery fees, which will be added to the total amount due as described in section 6. Delivery.
8.3 Prices are subject to change at any moment, but changes will have no effect on orders already placed.
8.4 Because our site contains a vast number of products, it is always possible that some of the products displayed on our site are wrongly priced, despite our best efforts. We will typically verify pricing as part of our despatch operations, so that if the correct price of a product is less than our advertised price, we will charge you the reduced amount when we ship the product to you.
8.5 If the pricing error is evident and unmistakable, and you could have reasonably recognised it as a mis-pricing, we are under no obligation to provide the product to you at the incorrect (lower) price.
8.6 All products must be paid for with a credit or debit card via our STRIPE payment method, direct debit or cash on collection. We accept Visa credit and debit cards, as well as Mastercard. We deduct payment from your card after we receive your order and verify your card information. Availability of products is subject to change. If we are unable to provide any product, we will notify you as soon as feasible. If you have already paid for the product, you will receive a full refund.
9. Our refund/exchange policy
9.1 Our policy is valid for 30 days. We are unable to offer you a refund or exchange if 30 days have passed after your purchase.
Your item must be unused and in the same condition as when you received it in order to be eligible for a return. It has to be in its original box as well. A receipt or proof of purchase is required to complete your return.
9.2 We will not issue a refund if the customer claims that they did not read the product description and were unaware of certain characteristics that are stated in the description. If the information is included in the title or product description, we will not issue a refund if you claim that you were unaware of part of the contents.
9.3 Only partial reimbursements are available in some circumstances (if applicable)Any item that is not in its original state, is damaged, or is missing parts due to circumstances that are not our fault.
9.4 Any item returned more than 30 days after delivery will be charged a restocking fee of $5.
Refunds are available (if applicable)
9.5 We will send you an email once your return has been received and inspected to advise you that we have received your returned item. We'll also let you know whether your refund has been approved or denied.
If you are authorised, your refund will be processed, and a credit will be given to your credit card or original mode of payment within a five business days.
Refunds that are late or absent (if applicable)
9.6 Check your bank account again if you haven't gotten a refund yet. Then call your credit card company; the refund may take some time to appear on your account. The next step is to call your bank. Before a refund is posted, there is usually some processing time.
If you've done everything listed above and still have not received your refund, please email us at firstname.lastname@example.org.
Items on sale (if applicable).
9.7 Only regular-priced items are eligible for refund; sadly, sale items are not.
Exchanges (if applicable)
9.8 Only defective or damaged items will be replaced. Send us an email at email@example.com and send your item to us at the address provided to you on email (if you need to exchange it for the identical item).
10. Our liability
10.1 Any goods purchased from us through our site is guaranteed to be of satisfactory quality.
10.2 Our liability for any product acquired through our site is exclusively limited to the amount paid for the product.
10.3 This in no way excludes or limits our liability:
10.3.1 for death or personal injury caused by our negligence;
10.3.2 for fraud or fraudulent misrepresentation; or
10.3.3 for any matter for which excluding, or attempting to exclude, our liability would be prohibited.
10.4 We accept no responsibility for any loss of income or revenue, business interruption, lost profits or contracts, anticipated savings, data loss, management or office time waste, or any other indirect or consequential loss or damage of any kind, whether caused by tort (including negligence) or breach of contract.
11. Written correspondence
Some of the information or communications we send to you must be in writing due to applicable laws. When you use our site, you agree that we will communicate with you primarily through electronic means. We will contact you via e-mail or publish alerts on our website to provide you with information. You consent to this electronic mode of communication for contractual reasons, and you recognise that all contracts, notices, information, and other communications that we deliver to you electronically satisfy any legal need that such communications be in writing. This condition has no bearing on your legal rights.
All notices to us must be sent through www.amberandjadecrystals.com. We may give you notification at the e-mail or postal address you indicate when placing an order, or in any of the other ways set forth in paragraph 12. When notice is posted on our website, 24 hours after an e-mail is sent, or three days after a letter is mailed, it is regarded received and properly served immediately. It will enough to show, in the case of a letter, that the letter was correctly addressed, stamped, and placed in the mail, and in the case of an e-mail, that the e-mail was sent to the addressee's given e-mail address in order to prove service.
13. Assignment of rights and responsibilities
13.1 You and us, as well as our respective successors and assigns, are bound by the contract between us.
13.2 Without our prior written agreement, you may not transfer, assign, charge, or otherwise dispose of a contract, or any of your rights or obligations arising under it.
13.3 During the term of the contract, we may transfer, assign, charge, subcontract, or otherwise dispose of a contract, or any of our rights or obligations arising under it.
14. Events outside our control
14.1 We will not be accountable or responsible for any failure or delay in performing any of our contractual obligations that is caused by factors beyond our reasonable control (Force Majeure Event). This includes, but is not limited to, colour or appearance variations caused by your computer settings.
14.2 A Force Majeure Incident is defined as any act, event, non-occurrence, omission, or accident that is beyond our reasonable control, including (but not limited to) the following:
14.2.1 Strikes, lockouts, or other forms of labour unrest.
14.2.2 Civil unrest, riots, invasions, terrorist attacks or threats of terrorist attacks, war (declared or undeclared), or the threat or preparation for war
14.2.3 Natural disasters such as fire, explosions, storms, floods, earthquakes, subsidence, epidemics, and other natural disasters
14.2.4 Impossibility of using trains, shipping, aeroplanes, motor vehicles, or other public or private modes of transportation.
14.2.5 Use of public or private telecommunications networks is impossible.
14.2.6 Any government's activities, decrees, legislation, rules, or prohibitions.
14.3 Our performance under any contract shall be deemed stopped for the duration of the Force Majeure Event, and we will be given an extension of time to complete the deal. We will take reasonable efforts to bring the Force Majeure Event to a conclusion or to identify a solution that allows us to fulfil our contract obligations despite the Force Majeure Event.
15.1 If we fail to insist on strict performance of any of your obligations under the contract or these terms and conditions at any time during the term of the contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 Our waiver of one default does not imply that we will waive any subsequent default.
15.3 No waiver by us of any of these terms and conditions will be effective unless it is specifically stated as such and disclosed to you in writing in line with paragraph 13 above.
If any of these terms and conditions or any contract provision is found to be invalid, unlawful, or unenforceable to any extent by any competent authority, that term, condition, or provision will be severed from the remaining terms, conditions, and provisions, which will continue to be valid to the fullest extent permitted by law.
17. Complete agreement
17.1 These terms and conditions, along with any document expressly referred to in them, comprise our whole agreement in connection to the subject matter of any contract, and replace any prior agreement, understanding, or arrangement, whether oral or written, between us.
18. Our right to vary these terms and conditions
18 We have the right to change these terms and conditions at any time.
18.1 We reserve the right to change and update these terms and conditions at any moment.
18.2 Unless a change to those policies or these terms and conditions is required by law or governmental authority (in which case it will apply to orders previously placed by you), or unless we notify you of the change before we enact it, you will be bound by the policies and terms and conditions in effect at the time you order products from us (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).
19. Jurisdiction and Law
Contracts for the purchase of products through our site shall be governed by the laws of Australia. Any dispute arising out of or in connection with such contracts will be subject to the non-exclusive jurisdiction of the Australian courts.
Disclaimer No. 20
Traditional uses of crystals, gemstones, and metals may help, negate, protect, promote, strengthen, and balance, and so aid in healing. Their results can be spectacular, but please use them as a supplement to medical counsel rather than as a replacement for competent care. It is strongly advised that if you become ill, you seek expert medical help from a skilled physician.