TERMS AND CONDITIONS
Welcome to LUKE ROSE, trading as LUKE ROSE JEWELLERY PTY LTD and thank you for shopping with us. This is an Australian website. These Terms and Conditions govern the use of this website. LUKE ROSE reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.
Limitation of Liability
Any liability of LUKE ROSE JEWELLERY PTY LTD (ABN: 32 611 323 098) in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of LUKE ROSE JEWELLERY PTY LTD be limited to:
1. in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
The information contained on the website is provided by LUKE ROSE in good faith. To the best of LUKE ROSE'S knowledge, the information is accurate and current. However, LUKE ROSE and its, employees or consultants do not make any representation or warranty as to the accuracy or completeness of the information. To the fullest extent permitted by applicable law, LUKE ROSE disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement.
LUKE ROSE makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements. You expressly acknowledge and agree that LUKE ROSE does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and LUKE ROSE is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part. You further acknowledge and agree that, subject to the section dealing with “Limitation of Liability”, LUKE ROSE will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.
We believe that we have aligned ourselves with excellent delivery partners, but there may be times when, despite their best efforts, parcels are delayed in the delivery process. We will always endeavour to work with our delivery partners to ensure prompt arrival of your gifts.
Copyright in the LUKEROSEJEWELLERY.COM website is property of LUKEROSEJEWELLERY.COM. Material on this website also comprises copyright material and trademarks which are the property of LUKEROSEJEWELLERY.COM and third parties. This property may only be used for the purposes of browsing the melissaharrisjewellery.com website and acquiring goods and services of LUKE ROSE. LUKE ROSE is the owner of all copyright subsisting in this web site. All LUKE ROSE designed jewellery depicted in this web site is copyright.
These Terms and Conditions are governed by the laws in force in NSW, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of NSW, Australia and any courts, which may hear appeals from those courts.
Information Provided by You
If you purchase goods and services from LUKEROSEJEWELLERY.COM we may require you to provide your name, address, email address, credit card number or other details (“customer information”). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide LUKEROSEJEWELLERY.COM with current, complete and accurate customer information when asked to do so by the website or an employee of LUKE ROSE.
All care is taken to ensure that LUKEROSEJEWELLERY.COM websites and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.
Customer information will be used only to process your orders and will be protected by our secure server. We would like to assure you that we are not involved in the selling, trading or alternative unauthorised use of personal information.
We will not provide any direct personal information to any third party that identifies you as our customer.
LUKE ROSE may, at times, use your contact information to notify you of important changes to the LUKE ROSE website or to inform you of special promotions which may be of interest to you.
If you place an order for goods or services to be provided to a third party (“the recipient”), we will generally not provide any of your customer information to the recipient. If you place an order accompanied by a card bearing your first name, nickname, business or other identifying name, we assume that you are willing to be identified and may disclose your name to the recipient. Please be assured that we will never disclose your credit card, email address or phone contact details.
Without limiting the operation of any other Terms and Conditions herein, LUKEROSEJEWELLERY.COM will not be held responsible for any unauthorised use of information gained from email correspondence before it has reached the LUKEROSEJEWELLERY.COM mail server.
LUKEROSEJEWELLERY.COM reserves the right to pass on any information relating to suspected fraudulent activity to the appropriate authorities.
Prices of goods and services and delivery and other charges displayed on the LUKE ROSE website are current at the time of display. These prices are subject to variation without notice. We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.
Placing and Accepting Orders
Orders will not be dispatched until payment in full has been received and LUKEROSEJEWELLERY.COM is satisfied with the integrity of the order. Without limiting the operation of any other Terms and Conditions herein, LUKE ROSE is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product. Placement of an order by you constitutes an offer to enter into an agreement with us (“your offer”). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
Cancellation by Us
We reserve the right not to provide goods or services, 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 and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights
Cancellation by You
If you need to cancel an order, please contact us immediately on +61292118472 or by emailing email@example.com. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion. Orders that cannot be cancelled, such as bespoke pieces will be subject to our terms, conditions and policies relating to Returns and Exchanges.
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. 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 gifts by the estimated delivery date.
For all deliveries witrhin Australia, it is the responsibility of the customer to inform LUKE ROSE 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. We will not be held liable for any loss or damage resulting from late delivery.
Shipping is free for all orders within Australia.
$35(AUD) for shipping to New Zealand with Australia Post.
$45(AUD) for shipping to the UK and USA with Australia Post.
Fedex delivery to New Zealand costs $85(AUD).
Fedex delivery to the UK and USA costs $150 (AUD).
Luke Rose is not responsible for the payment of any duties, taxes or other fees assessed to international shipments and Luke Rose is not responsible for any delays or other issues that may arise when shipping internationally. For all Fedex deliveries, once your order has shipped, you will receive an email with your tracking number. All Fedex orders will require signature upon delivery. Please make sure you are available to sign for your order when it is delivered, as you are solely responsible for the acceptance of your order upon delivery. Luke Rose is not responsible for any lost packages, delayed delivery, or any other issues once your order leaves Luke Rose. If your order is sent back to Luke Rose by the shipping company for failure to deliver, you will be required to pay for the re-shipment of your order. Luke Rose does not accept shipping accounts provided by the customer.
Goods Damaged or Faulty on Delivery
You may return damaged or faulty goods within 14 days of receipt. In the event that you receive a defective or damaged product, we will refund the original product price, delivery, wrapping and other fees via the original method of payment. Alternatively, if you request a replacement, we will despatch your replacement item (subject to availability) once we receive the return, at our cost.
We cannot be held responsible for the breakage of fine chains which are machine made. Please wear with care.
Returns and Refunds of items paid by Gift Vouchers
For gifts purchased using a LUKE ROSE or third party gift voucher (or any part thereof), the amount paid by gift vouchers will be refunded in the form of a lukerosejewellery.com Gift Voucher, and the remaining amount will be refunded via the original method of payment. Please note: all products that are found to be non-defective will incur the delivery costs of returning the item to lukerosejewellery.com. Please allow up to 21 days for refunds to be processed upon our receipt of goods.
LUKE ROSE uses the eWAY Payment Gateway for its online credit card transactions. eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the eWAY gateway are secured payments. • Payments are fully automated with an immediate response. • Your complete credit card number cannot be viewed by or any outside party. • All transactions are performed under 128 Bit SSL Certificate. • All transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting your credit card data. • eWAY is an authorised third party processor for all the major Australian banks. • eWAY at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by . For more information about eWAY and online credit card payments, please visit www.eway.com.au
Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against LUKE ROSE which relate to or are incidental to any transaction.
You agree to indemnify and hold LUKE ROSE harmless from and against any and all claims, loss or expense that may be incurred by LUKE ROSE which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold LUKE ROSE harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.