Website Terms of Use Agreement 

between

Cygnet Bay Sales  (ACN: 008 720 634) Trading as Pearls of Australia

The user of this website (“You/Your”)

Your use of this website is subject to these legally binding terms and conditions.

Please read them carefully before proceeding with entering the website. If you do not accept these terms and conditions, You must exit this website immediately.

1. Website Terms and Conditions

a) The Website is for the purpose of enabling user’s access to Pearls of Australia range of products. The Website is owned and operated by Pearls of Australia. This Agreement supersedes all prior agreements and may be revised by Pearls of Australia from time to time.

b) This Agreement must be read in conjunction with the Privacy Policy.

2. Your use of the Website

a) You agree that You will use the Website in accordance with these terms and conditions and that You will not use the Website for any unlawful purpose.

b) You will not violate or attempt to violate the security of the Website. You will not hack into the Website, Pearls of Australia computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.

3. Shop Services provided on the Website

a) Pearls of Australia reserves the right to add, modify or discontinue any of the services and products offered on the Website at any time without notice. Pearls of Australia will not be held liable for any decision to modify or discontinue a service or product.

b) The prices displayed on the Website include GST but do not include a delivery charge. The delivery charge for each order will be the same, regardless of the size or weight of your order. The cost for each delivery method is clearly indicated during the check-out process. If we are unable to deliver your order in full and have to make more than one delivery, there will not be an additional charge for any subsequent deliveries. Prices in store, catalogue and online may vary.

c) Once you have placed your order, if you have supplied us with your email address, you will receive an email confirmation. If for any reason we are unable to fulfill your order, we will let you know at the earliest opportunity. If we have already received payment for such order, we will attempt to refund the applicable amount using the same method used to make the payment. If, for any reason, alternative arrangements are necessary, an H&M representative will contact you to settle the refund.

d) Pearls of Australia exercises the utmost diligence in accepting and processing orders and will endeavour to deliver your order to an address, in accordance with your selected delivery option. Pearls of Australia endeavours to dispatch orders in the fastest possible time and in the order in which they are placed. Though we aim to deliver within the communicated time frame, delivery may take longer due to unexpected events.  After you place your order, you will be informed of the expected delivery details. Once you have placed your order, if you have supplied us with your email address, you will receive a manual email confirmation with your expected delivery details.

e) You may cancel or return your order from the date you place the order until 28 days after receipt of the ordered items. If you have been charged for the items, you will receive a refund excluding delivery costs. If you wish to cancel or return your order, please provide us with notice in writing. If the item you have received is defective, please notify Pearls of Australia promptly and return the item. Pearls of Australia will, for any products deemed defective, provide a full refund. The provisions set forth herein do not limit any applicable statutory rights.

f) We make all reasonable efforts to accurately display the attributes of our products, including composition and colours. The colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. Shapes may be indicative only. An item’s measurements given are only approximate values.

g) Pearls of Australia will endeavour to display correct pricing and product information at all times, if the information displayed is incorrect or if we are unable to fulfil an order due to stock availability, Pearls of Australia reserve the right to cancel the order at any time and will provide a full refund of any money paid.

4. Future changes

a) From time to time, this Agreement will be reviewed and may be revised. Pearls of Australia reserves the right to change this Agreement at any time. Any such changes will be posted on the Website.

b) Your continued use of the Website will constitute your acceptance of the variation of the Agreement.

5. Website availability

a) From time to time down-time, either scheduled or unscheduled, may occur. Pearls of Australia will work within reason to ensure this amount of down-time is limited.

b) Pearls of Australia will not be held liable for the consequences of any down-time.

6. Intellectual Property

a) Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.

b) Unless otherwise noted, all materials on this site are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by Pearls of Australia or by other parties that have licensed their material to Pearls of Australia.

c) Pearls of Australia trade marks on this site represent some of the trade marks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by Pearls of Australia.

d) All rights not expressly granted are reserved.

e) This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under Pearls of Australia direct control and Pearls of Australia accepts no responsibility or liability in respect of any such third-party materials or for the operation or content of other websites (whether or not linked to this Website). You acknowledge that Pearls of Australia is entitled to require you to remove any link from another website to this Website which you install without obtaining Pearls of Australia prior written consent.

7. Limitation of Liability

1. To the maximum extent permitted by law, Pearls of Australia does not give any warranty in relation to the content, accuracy, or any other aspect of:

a. any material on the Website; or

b. the performance of the Website.

2. To the maximum extent permitted by law, Pearls of Australia excludes all liability for loss or damage suffered by You, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss of data or failure to realise anticipated savings or benefits or business opportunities) that You may suffer as a result of the use or reliance on any information on the Website;

a. accessing or using the Website; or

b. any interruption, suspension or termination of the Website for whatever reason.

Pearls of Australia exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if Pearls of Australia has been notified of the possibility of such loss or damage.

You agree that Pearls of Australia liability to You at law will be reduced by the extent, if any, to which You contributed to the loss.

Force Majeure

Pearls of Australia will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond Pearls of Australia reasonable control.

Termination

Cygnety Bay Pearls reserves the right to cease providing services at any time.

Pearls of Australia shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.

Governing law

These terms and conditions will be governed by and construed in accordance with the laws of the state of Western Australia, Australia.

 Definitions

“Agreement” means the terms and conditions that apply to the use of the Website which may be amended from time to time.

“Pearls of Australia” means Cygnet Bay Pearls trading as Pearls of Australia.

“Website” means internet website with the URL’s of http://www.pearlsofaustralia.com.au.

“You” means the user of the Website (and “Your” has the corresponding meaning).