These Terms of Use (“Terms”) apply to all Users of this website. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and Services, you agree to be bound by these Terms as well as any and all general terms and conditions and the privacy policy posted on our website from time to time.

If you do not accept these Terms, do not use our website or services.

You must be 18 years of age or older and able to form a legal binding contract to use our website and Services.

DEFINITIONS

“Cancellation Fee” is the cancellation fee payable when you cancel an Order after we have sent an Order Confirmation;

“Delivery Address” is the address where the Goods are to be delivered and must be a street address for security purposes;

“Delivery Fee” is the fee payable for delivery of the Goods to your Delivery Address;

“Goods” are the jewellery items listed on our website for purchase and include packaging;

“Order” is an order by you to purchase Goods from us;

“Order Confirmation” is the order confirmation we send to you after processing your Order;

"Re-Delivery Fee" is the re-delivery fee payable when we have to re-deliver an Order because you are not at the Delivery Address at a pick-up time;

“Services” are the services of providing an online jewellery shopping service and delivering the Goods to you;

“Our website” means Ari Giselle Jewelry.

“We/our/ us” means Ari Giselle Jewelry Pty Ltd. trading as Ari Giselle Fine Jewels; and includes its directors, employees, contractors and affiliates;

“User” “You” “Your” means any user of our website, or customer accessing our Services, and purchasing our Goods online.

ACCOUNTS

You must register and set up an account to place an Order for Goods. You must provide all personal information and a Delivery Address for a successful purchase made on our website. Once we receive and process your Order we will send you an Order Confirmation.

You are responsible for ensuring your account details are accurate, complete and up-to-date at all times. You are also responsible for maintaining the confidentiality and security of your account, username and password. You are solely responsible for the activity that occurs on your account including any orders placed using your account.

ORDERS AND PAYMENT

After you submit an Order we will send you an Order Confirmation and tax invoice. All advertised amounts for Goods, and for delivery are in Australian dollars. We accept payments via Shopify and Afterpay.  

You will be charged the purchase price, along with the Delivery Fee and any additional fees including bank card fees.

Orders do not go into production until full payment is received. “Fine” orders generally take approximately 3-4 weeks for production and shipment.

COMPLETION OF ORDER POLICY

We may require you to provide additional information before we accept and process any Order and send you an Order Confirmation.  

We reserve the right to decline to process and order when rtequested goods are not available or if there is an error in the price or description. We also reserve the right, after receipt of your order, to accept, decline or limiti your request and refuse large quantities of orders purchased per person, which right we may exercise in our sole discretion at any time , without having to provide you with any reason for our decision.

DELIVERY

You agree to pay the Delivery Fee for delivery to your Delivery Address. If your Delivery Address is an international address, outside Australia, you also agree to pay for all customs, duties, taxes and any additional shipping expenses. Goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Deliveries of “fine” orders take approximately 3-4 weeks to produce and ship. In the event that you need your Goods at an earlier date, please email us at info@arigiselle.com. Urgent production and deliveries will incur additional fees. We will confirm the estimated shipping dates with you.

We strongly recommend you purchase insurance for the Goods, and/ or seek tracking for your Goods during shipment. Whilst we use our reasonable endeavors to ensure Goods are delivered in good condition, in a timely manner and to the correct address, we cannot guarantee any shipping. We are not responsible for any delays in shipping Goods or items not delivered. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for Goods once they leave our premises that are damaged in transit or not received.

You acknowledge and agree:

• anyone at the Delivery Address who receives the Goods is authorized to receive those Goods;
• in the event there is no one at the Delivery Address, or no appropriate person to receive sign and pay for the Order, the Goods will not be left, and a Re-Delivery Fee, or Cancellation Fee may apply;
• if you specifically request that the Goods be left at the Delivery Address without any person responsible you assume all risk in the Goods from the drop-off;
• Otherwise, risk in the Goods passes to you upon delivery.

GIFT VOUCHERS

We offer gift vouchers in various sums which are valid for a period of 6 months or the period stated on them only. Any balance that remains after the 6 month period is not available for use. The gift vouchers are subject to any terms and conditions disclosed at the time of issue.  Gift vouchers can be used as payment for certain Goods; some Goods may be excluded from gift voucher promotions. Gift vouchers are not redeemable for cash. If you place an Order for Goods less than the value of the gift voucher, no refund or credit will be returned to you. We may email gift vouchers to you. We are not liable for errors in the email address provided to us, and assume no liability for the loss, theft or illegibility of vouchers.

REFUNDS AND REPAIRS

We will comply with all requirements in the Consumer and Competition Act 2010 (Cth); the Australian Consumer Law (ACL), including, but not limited to the re-supply or refund of any Goods supplied or provided which do not meet ACL requirements. If the Goods are faulty, if they have been wrongly described, or are different from a sample shown to you, or do not do what they are supposed to do, then you may elect to exchange the Goods, receive a refund or credit. If the Goods fail to be of acceptable quality you are entitled to have the Goods repaired. In these circumstances we will also reimburse the return shipping costs. All Goods must be returned in their original condition to enable a refund, credit, or exchange. They must be sent with a tracking number and fully insured. We cannot exchange or refund any piercings.

When we decline to accept and process any Order under our Completion of Order Policy above, we will also refund you the amount received from you or reimburse any deductions from your debit card or credit card.

In some circumstances and in our sole discretion, if you change your mind, or if the Goods are the wrong size, we may also offer a refund or exchange provided the Goods are returned in their original condition within 15 days of receipt by you. We do not reimburse the return shipping costs for change of mind. We also charge a re-stocking fee which is 20% of the total price of the Goods. If you wish to return something you purchased using AfterPay we can only offer an exchange of goods or store credit. You will continue to be charged by AfterPay until you have paid all your installments.

In some circumstances, if the Goods are defective and need to be repaired or serviced and the ACL requirements do not apply, we will repair or service the Goods, and additional fees will apply. For example, if they need repairing due to accident, misuse, alteration, or abnormal wear and tear. Please notify us at info@arigiselle.com and we will provide a quote.

We cannot provide a refund if it is a special order to customer specification, or if Goods have been engraved or modified as per your request.

DISCLAIMER

We aim to provide current images and details of all the Goods on our website. However, at times, the images and details may differ from the Goods actually supplied to you. We do not warrant the accuracy of the information contained on our website, including the Goods, images and details. Some images of Goods may not be exact representations of the Goods received. We also do not make any warranties as to the standard of metal, clarity of gems or other warranties as to the quality of the Goods.

Whilst our jewellery designs are original, we do not offer bespoke jewellery and there may be many items of the same design. You acknowledge that the Goods are standard and not made bespoke or to fit any particular requirements that you have.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of ours. All images and designs and other representations of jewellery on our website are owned by us.

All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any image, design, trademark, service mark, logo, and/or our name (or any of our advertisers).

You are solely responsible for obtaining written permission before reusing any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

CANCELLATION AND TERMINATION

If you wish to cancel an Order you must notify us at info@arigiselle.com when you cancel an Order you must pay any Cancellation Fees.

You may also cancel your account at any time. You must cancel it by notifying us at info@arigiselle.com. When you cancel your account you must still pay any outstanding monies.

WE HAVE THE RIGHT TO TERMINATE YOUR ACCOUNT and your shopping privileges for any reason, at any time. If we have reasonable grounds to suspect that you have breached any Terms, or for any other reason including if, in our opinion, you have breached the purpose of our website, at our sole discretion we have the right to immediately terminate your account or suspend your use of our website and/or our Services. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities. We may also deny the use of our website and the Services to you in the future and are not obligated to provide any refund or part thereof monies paid in the event of any breach or termination.

Upon such termination, regardless of the reasons, your right to use the website and our Services immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account, profile and all related information. We will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

AUSTRALIAN CONSUMER LAW

Certain legislation including the ACL and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of the website and Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

Our liability is governed solely by the ACL and these Terms.  We exclude all conditions and warranties implied by custom, law or statute except for the Statutory Rights.

Except for the Statutory Rights, the website and Services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of that the website and Services will be provided with due care and skill and fitness for a particular purpose.

When the Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:

1. The supply of any goods or services again; or
2. The payment of the cost of having any goods or services supplied again.

LIMITATION OF LIABILITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website or Services.

This limitation of liability clause includes any reliance by you on the information on the website, information emailed or telephoned to you, and your access to or inability to use the website or Services. You assume all risk in using the website and Services and we cannot be liable for your use of or reliance on the website and Services. While we endeavour to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or Services for any particular purpose. Any reliance you place on such information is therefore strictly at your own risk.

In any event, our liability to you will not exceed the amount actually paid by you to us for the last Order of Goods.

You agree to indemnify us from any loss or damage to us arising from your use of our Services including, but not limited to,any breach by you of these Terms, or breach of any law or the rights of a third party. You further agree to indemnify us from any loss or damage incurred through delivery of the Goods including delivery of the Goods when there is no person to acknowledge such delivery.

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

WEBSITE SERVICES

You acknowledge and agree that this website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.

We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the website becomes unavailable for any lengthy and unusual time period.

You must not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.

MODIFICATION OF WEBSITE AND CONTENT

We reserve the right at any time and from time to time to remove, delete, alter or amend the information on our website. We may for any reason and in our reasonable discretion, remove or modify any content on our website at any time without notice. We shall not be liable to you or any third party for any modification when it is required.