Terms And Conditions

Introduction

Welcome to elizabethkwan.com and thank you for shopping with us.

These Terms and Conditions govern the use of www.elizabethkwan.com ("the website") and the purchase of any goods from it. The website is owned and operated by Elizabeth Kwan (ABN 116 357 295 19). If you have any questions relating to the below, please contact us prior to placing an order on enquiry@elizabethkwan.com

Acknowledgment and acceptance of Terms and Conditions

Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). Elizabeth Kwan 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.

Shipping

Delivery

Elizabeth Kwan aims to have all products delivered domestically within 3-5 working days. Please allow 5-10 working days for delivery of international orders. If you require delivery for a certain date please advise when ordering and we will endeavour to meet your requirements if reasonable.

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. It is the responsibility of the customer to inform Elizabeth Kwan 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.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

Payment options

PAYPAL, American Express, Visa or Mastercard.

Pricing

All prices quoted in the web site are in Australian dollars and include GST (“Goods and Services Tax”). Prices quoted are correct at time of printing but are subject to change without notice. All items are offered subject to prior sale.Disclaimer

Disclaimer

The information contained on the website is provided by Elizabeth Kwan in good faith. To the best of Elizabeth Kwan’s knowledge, the information is accurate and current. However, Elizabeth Kwan, officers, 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, Elizabeth Kwan 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. Elizabeth Kwan 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 Elizabeth Kwan does not control other users of this website, the providers of information or ideas to this website or the suppliers of gifts and services purchased from this website, and Elizabeth Kwan 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", Elizabeth Kwan 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

Copyright of the elizabethkwan.com website is property of Elizabeth Kwan. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of elizabethkwan.com and third parties. This property may only be used for the purposes of browsing the elizabethkwan.com website and acquiring goods and services of Elizabeth Kwan

Information Provided by You

If you purchase goods and services from elizabethkwan.com or create a membership account with us, 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 elizabethkwan.com with current, complete and accurate customer information when asked to do so by the website.

Privacy

We treat all customer information in accordance with our Privacy Policy.

Our Privacy Policy constitutes part of these Terms and Conditions:

Privacy Policy

Customer information will be used only to process your orders. 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 parties that identifies you as our customer. We may at times, use your contact information to notify you of important changes to the elizabethkwan.com website or to inform you of special promotions which may be of interest to you. Please be assured that we will never disclose your credit card, email address or phone contact details to any third party. Finally, we reserve the right to pass on any information relating to suspected fraudulent activity to the appropriate authorities.

Product Information

Prices of goods and services and delivery and other charges displayed on the elizabethkwan.com 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. Without limiting the operation of any other Terms and Conditions herein, elizabethkwan.com 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.

Cancellations

If you need to cancel an order, please contact us immediately. 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 will be subject to our terms, conditions and policies relating to Returns and Exchanges.

Returns and Exchanges

Due to the nature of some pieces of jewellery we are unable to offer a refund on diamond, precious stone and metal goods. Refunds on other items will be discretionary, if your purchase is unsuitable please advise us immediately upon receipt of goods.

If it is agreed the item can be returned, it is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit. We will not issue a return or exchange unless the product/s are in a saleable condition upon return.

All returned products must be:

  1. Unused, unopened and in original condition
  2. Undamaged
  3. Returned within 14 days of delivery

Goods Damaged or Faulty on Delivery

You may return damaged or faulty goods within 14 days of receipt. It is the recipient's responsibility to incur all costs. 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 returned goods, at our cost.

Release and Indemnity

You agree to waive any and all claims that you now have or may have in the future against Elizabeth Kwan which relate to or are incidental to any transaction. You agree to indemnify and hold Elizabeth Kwan harmless from and against any and all claims, loss or expense that may be incurred by Elizabeth Kwan which relate to or are incidental to the performance of her duties as described in these Terms and Conditions including all costs of defending herself 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 Elizabeth Kwan 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, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.

Applicable Law

These Terms and Conditions are governed by the laws in force in the State of New South Wales, 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.