Terms of Service

Overview

This website is operated by Zabi & Co Pty Ltd, ACN 65 107 1760 trading as Luxe Jewelry International ABN 196 510 717 60 (‘Luxe Jewelry International”). Throughout the site, the terms “we”, “us” and “our” refer to Luxe Jewelry International. Luxe Jewelry International offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” (also referred to hereafter as “Services”) and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered by a Court interpreting these terms to be an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our e-commerce website is hosted through Woocommerce, who provide us with the online e-commerce platform that allows us to sell our products and services to you. We also utilise the services of Stripe Inc as a third-party payment platform. However, we host your data through our own internal server and use these respective platforms for the purpose of completing transactions.

Section 1 – Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or, province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 – Collection And Use Of Personal Information

You may need to register to use our website. When you register you will provide us with personal information such as your name and email address. We will handle all personal information we collect in accordance with our privacy policy, available at [Insert hyperlink to privacy policy] and the applicable law. 

When you register your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.

We may otherwise collect personal information about you in order to provide our services and for other purposes as detailed in our privacy policy and required or permitted under applicable law. This may include disclosing your information to third parties that help us deliver our services, such as information technology suppliers, communication suppliers, finance providers and our business partners.

We will handle all personal information we collect in accordance with our privacy policy and the applicable law. Our privacy policy explains: 

(a) how we store and use, and how you may access and correct your personal information; 

(b) how you can lodge a complaint regarding the handling of your personal information; and 

(c) how we will handle any complaint. 

If you would like any further information about our privacy policies or practices, please contact us.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the privacy policy and these terms.

Section 3 – General Conditions

We reserve the right to refuse service to anyone for any reason at any time. 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. As your credit card information passes through Stripe’s payment platform, the management of your data is in accordance with their platform’s security protocols. We do not warrant that the data controls or security provided by Stripe is 100% secure as we cannot bind them to this agreement. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 4 – Accuracy, Completeness And Timeliness Of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no specific obligation to update any information on our site nor do we have an obligation to notify you as a user of the Service of a change to the information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 5 – Modifications To The Service And Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 6 – Products Or Services

Subject to availability, we offer for sale all products listed on our website.

We reserve the right to amend the range and prices of our products at any time.

All products are subject to availability. We will inform you as soon as possible if the product you have ordered is not available.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate, nor can we guarantee that the colour of the image of the product you purchased as you see it on your computer screen will match precisely the colour of the product you receive from us. 

We reserve the right to and may choose to (but are not obligated to) limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not otherwise warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 7 – Payment Methods

We accept payment via the following payment methods:

(a) Paypal;

(b) selected credit cards such as Mastercard, Visa and American Express (usually through the Stripe payment platform); and

(c) Afterpay.

All pricing is in USD. Prices are subject to change without prior notification and may differ from other sites, stockists or providers.

Section 8 – Accuracy Of Billing And Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

In the event that your account information is incorrect or incomplete, we may be unable to, or refuse to, process your purchase. In the event that we are unable to, or refuse to, process your purchase and you wish for us to re-do the order, you agree that you are liable for incurring any costs we have had to incur based on the provision of incorrect or inaccurate billing or account information.

For more detail, please review our Returns Policy, which is also expressed in summary form below for convenience.

Section 9 – Refunds And Returns

We do, for specific circumstances or reasons approved by us, accept returns or provide refunds for change of mind. 

Our products come with guarantees that cannot be excluded under the Australian consumer law. Nothing in these terms purports to modify or exclude the conditions, warranties, undertakings and legal rights under the Australian Competition and Consumer Act and other local laws. Any and all other warranties or conditions are expressly excluded, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

If your product is under warranty, is faulty or not substantially as described, we will take all reasonable steps to either replace, repair or refund the item.

To initiate a return, please contact our customer service team.

Unless returning the product is substantially burdensome, you are responsible for the shipping costs of all returned products. We accept no liability for lost deliveries. We recommend you send your product with tracking to ensure the package is delivered to us.

Section 10 – Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 11  – Third-party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. 

We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. 

Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction either through our website or in connection with any third-party website. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 12 – User Comments, Feedback And Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for, or relating to the use of, any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, inconsistent with the advancement of our business interests, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s (including, but limited to, our own) intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You must not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. 

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 13 – Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, click here.

Section 14 – Errors, Inaccuracies And Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We are under no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service, on our website, or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 15 – Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website, or related social media page, for violating any of the prohibited uses.

Section 16 – Disclaimer Of Warranties; Limitation Of Liability; And Indemnification 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

In providing our service to you, we rely on various entities or companies (“the unrelated entities”) who have no affiliation with us to assist in delivering the product to you. These may include, but are not limited to, postage services or government agencies who have service schedules that we have no control over. As we cannot control what the unrelated entities do, we cannot guarantee that you will receive your product at exactly the time or date indicated in our delivery time estimate. As we cannot guarantee the exact time or date that you will receive your order, you agree to indemnify us for any delay in receipt of your ordered product which is caused by the conduct (or omission) of the unrelated entities. 

Similarly to the above, because of the volume of orders we have and operational pressures, whilst we provide indicative dates about when products will be received, we cannot and do not warrant or promise that the product you have ordered through the Services we provide will be received at exactly the time and date indicated to you in communications to you by us. By proceeding to order a product from us, you agree to indemnify us against any legal claims related to a product not arriving at any specified time or date represented to you in communications by us. 

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Luxe Jewelry International, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states, countries or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend and hold harmless Luxe Jewelry International and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

To the extent permitted by law, we have no liability or responsibility to you or any other person for any loss. You acknowledge that you access and use our website at your own risk.

We make no representation or warranty that the website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the website is not illegal or prohibited, and for your own compliance with applicable local laws.

It is imperative that all Luxe Jewelry International products are used only in the manner for which they are intended, and that care and common sense are exercised when using the products. Zabi & Co Pty Ltd trading as Luxe Jewelry International does not accept any liability for, and is not responsible for, any damage, loss or injury caused by the use or misuse of our products.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select from our website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.

Our website may contain links to websites operated by third parties. Such links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on linked third party websites and have no control over or rights in linked third party websites.

Section 17 – Intellectual Property

Our website and its content including our products, may represent or contain intellectual property owned by us, including trademarks, copyrights and proprietary information.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent.

Section 18 – Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 19 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Without prejudice to any other right or remedy available to us, if we consider that you have breached these terms or we otherwise consider it appropriate, we may immediately and without notice, suspend or terminate your access to the website, or any part of it.

Section 20 – Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 21 – Governing Law

These terms, and any dispute relating to these terms or the website, are governed by and must be interpreted in accordance with the laws of New South Wales, a state in Australia. Each party submits to the non-exclusive jurisdiction of the courts of Australia in relation to any dispute connected with these terms or the website.

For us to waive a right under these terms, the waiver must be in writing.

If any part or provision of these terms is or becomes illegal, unenforceable or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms. The remainder of these terms will be binding on you.

Section 22 – Changes To Terms Of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 23 – Contact Information

Questions about the Terms of Service should be sent to us at info@luxeweddingrings.com.