Terms and Conditions
The perlei.com.au website is owned and operated by:
- PER LEI jewellers – ABN 20 637 699 799
We may modify the TUTS from time to time. Please read the TUTS and check back often. If you do not agree to any change to the TUTS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
If you have any questions or comments about the Site or any of our services, please email us through our ‘Contact Us’ section on our website.
- WEBSITE POLICY
In the Site, PER LEI Jewellers provides users with access to sales of items online (the “Service”). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated.
Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
PER LEI Jewellers reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where PER LEI Jewellers feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.
Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. PER LEI Jewellers offers products for sale that are in stock and available for dispatch from our distribution centre. From time to time, products for sale may not be available to you due to necessary components not having been delivered by our suppliers.
Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. Your rights regarding Advance Purchase are the same as those for any other purchase at PER LEI Jewellers. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
Completed items may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
- ORDER ACCEPTANC
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order.
This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and PER LEI Jewellers will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Sydney, New South Wales, Australia and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TUTS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by all major credit/debit cards accepted at the point of sale, and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account and then your order will be dispatched by PER LEI Jewellers. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to PER LEI Jewellers, we will not be liable for any delay or non-delivery.
We take reasonable care to make our site secure. We will NOT store your credit/debit card details on our systems.
To help ensure that your shopping experience is safe, simple, and secure, PER LEI Jewellers take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
- CANCELLATION OF CREDIT CARD ORDER AFTER SALE
The following cancellation fee/s will apply when you have processed a transaction with a Financial Institution and for any reason, that Financial Institution cancels or voids the transaction:-
(a) Customer cancels the transaction
If you decide to cancel the transaction, PER LEI Jewellers reserves the right to recover the goods and charge you a cancellation fee of up to 50% of the transaction value.
(b) Financial Institution cancels the transaction
In the event your Financial Institution cancels or voids the transaction for any reason, PER LEI Jewellers reserves the right to recover the goods and charge you a cancellation fee up to 50% of the transaction value.
(c) PER LEI Jewellers cancels the transaction
In circumstances where PER LEI Jewellers has cancelled the transaction, a full remittance of the monies charged to you through your Financial institution will occur upon the date of the account of the goods of purchase to the point of sale or until such time that the goods are returned to PER LEI Jewellers.
In the event of any cancellation of any transaction referred to above, including but not limited to any credit card transaction, PER LEI Jewellers reserves the right to charge you the respective cancellation fee percentages referred to above in addition to the recovery of the goods which were subject of the transaction.
- SPECIAL ORDER CANCELLATION POLICY
If you decide to cancel your lay-by within the agreed lay-by period, a cancellation fee of 20% of the purchase price will be payable by you. This amount will be deducted from monies paid, with the balance refunded.
If the agreed lay-by period has been exceeded, a 5% surcharge will be added to the purchase price and/or PER LEI Jewellers may cancel the transaction in its absolute and unfettered discretion which may result in forfeiting all amounts previously paid.
If you decide to cancel your lay-by and the item(s) has/have been altered at your request in any way, you must pay the necessary amount to restore the item to its original condition in addition to the 20% cancellation fee as outlined above. PER LEI Jewellers reserve the right to determine the cost of restorative work.
If you decide to cancel a special order, you may do so, however, a cancellation fee of 50% of the purchase price will be payable by you. This amount will be deducted from monies paid, with the balance refunded. Please note that jewellery and special orders will not be processed and manufacturing not begin until 50% of the purchase price has been receipted, or as otherwise agreed.
- INSURANCE & DELIVERY
PER LEI Jewellers insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by PER LEI Jewellers, and transfer of responsibility in the same way.
Please note that we aim to dispatch all orders within a timely fashion. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. PER LEI Jewellers is not responsible for any delays.
- LAY-BY & SPECIAL ORDER EXCHANGE POLICY
(a) Before Collection
If you decide to exchange your lay-by or special order, you may do so, however, the new items must be of equal or greater value and you are permitted to one exchange only. No exchange is offered on any special orders, please choose carefully before committing to these purchases.
(b) After Collection
All lay-bys collected within ninety days may be exchanged for up to seven days, in line with these TUTS. The item(s) must be in saleable condition and cannot have been worn or damaged in any way. PER LEI Jewellers reserve the right to refuse any exchange where evidence of wear or damage is visible. Please note, any body piercing jewellery cannot be exchanged due to hygiene reasons, unless the item does not comply with the provisions of the Competition and Consumer Act 2010. Please choose carefully when selecting these items.
Any lay-by that has exceeded the agreed lay-by period will not be subject to exchange under any circumstance.
Any lay-by or special order exceeding the agreed lay-by period will be subject to a fixed one off 5% surcharge. This surcharge is calculated on the purchase price, and will be added to the previous price at conclusion of the agreed lay-by period where the goods have not been collected in time.
It is a requirement that PER LEI Jewellers receipt a payment at least once every thirty days. It is recommended that payments are evenly calculated across the ninety day period to prevent disappointment when the lay-by is not finalised within the allowable payment period.
When making payments, please return your original lay-by or special order receipt so we can continue to serve you with a high standard of professionalism and efficiency.
- REFUND POLICY
PER LEI Jewellers will exchange goods returned in as new condition, with proof of purchase within 14 days.
We do not refund if you change your mind.
Due to hygiene, we do not exchange or refund earrings and or body pierced jewellery unless the product does not comply with the provisions of the Competition and Consumer Act 2010.
Unfortunately, we cannot exchange jewellery after alteration.
Please take care to provide us with your correct contact details at the point of sale before we generate your tax invoice. PER LEI Jewellers will not amend or re- issue invoices once they have been processed with the information originally provided at the time of transaction.
We do not refund or exchange clearance stock sold in ‘as is’ condition unless the product does not comply with the provisions of the Competition and Consumer Act 2010.
We recognise the trust you are placing in us through your dealings with us. We will do everything we can to maintain that trust. Our team are employed on the basis that they will protect information about you. This is our personal standard. Under law, your rights to privacy are also protected. The National Privacy Principles, the Privacy Act 1988 and general law place strict requirements on us to treat certain information collected as confidential.
If you have any concern, please email us through our ‘Contact Us’ section on our website.
We advise that the principal business and concern is the marketing and sale of luxury items including jewellery.
By providing your details to us, we confirm that you consent to any of the above named organisations disclosing personal information about you for the purposes of direct marketing by any members of the above ‘organisational group’.
At any time, you may request not to receive direct marketing or communications from any member of this organisational group by contacting your local PER LEI Jewellers boutique, or clicking the relevant link in the footer of all marketing communication.
- REPAIRS TO JEWELLERY
PER LEI Jewellers accepts no liability in respect of any and all jewellery repairs, delays arising from jewellery repairs, and all such repairs, which we note are at the customer’s risk.
An assessment will be carried out by a qualified expert to any repair taking place – this assessment will detail the condition & necessary repair of the item(s).
Any such assessment shall not be relied upon by you, the customer, unless that assessment has occurred by a qualified expert. Any representation by PER LEI Jewellers’ staff in-store and/or on receipt of the jewellery for repair, shall not be relied upon by you, the customer, as an assessment of the value, quality or authenticity of the jewellery item.
We accept no responsibility for gemstones that are chipped, cracked, fractured, damaged or not authentic, or where such an item is discovered during the course of the repair to be chipped, cracked, fractured, damaged or not authentic, or for gemstones that become loose during the repair undertaken.
In addition where you have provided a treated gemstone to PER LEI Jewellers, and where this has not been disclosed to PER LEI Jewellers at the time of receipt of the gemstone for repair, PER LEI Jewellers takes no responsibility for the change of condition of the gemstone due to the repair requiring the removal of any internal and external treatments of the gemstones.
Similarly, PER LEI Jewellers accept no responsibility for metals that are chipped, cracked, fractured, damaged or not authentic, or where such an item is discovered during the course of the repair to contain metals that are chipped, cracked, fractured, damaged or not authentic.
In addition where you have provided a treated metal to PER LEI Jewellers, and where this has not been disclosed to PER LEI Jewellers at the time of receipt of the metals for repair, PER LEI Jewellers takes no responsibility for the change of condition of the metals due to the repair requiring the removal of any internal and external treatment of the metals.
Any guarantee noted on your repair does not include damage or issues that arise from wear, accidental damage, misuse or abuse.
In the event that you leave Uncollected Goods with us, you agree that PER LEI Jewellers will:-
(1) in respect of goods that are under $100 in value, dispose of uncollected goods if you, the customer, have failed to collect the goods, provided we have given you oral or written notice of our intention to dispose of the goods;
(2) in respect of goods whose value is less than $500 (but not less than $100), dispose of uncollected goods by way of auction or private sale for fair value, if you the customer have failed to collect the goods, provided we have given you 91 days written notice of our intention to dispose of the goods and you have failed to collect the goods;
(3) in respect of goods of between $500 and $5,000 in value may, dispose of uncollected goods by public auction if the customer, the owner of the goods and each person having or claiming an interest in the goods have been given 6 months written notice of PER LEI Jewellers’ intention to dispose of the goods, and you have failed to collect the goods. PER LEI Jewellers will also, at least 28 days before the goods are disposed of, publish in a daily newspaper circulating generally throughout New South Wales of its intention to do so.
FEES FOR UNCOLLECTED GOODS
(4) In the event that you fail to collect goods after 3 months of having been notified that the goods are available for collection, PER LEI Jewellers will charge you a storage fee of $10 per week plus GST per item until such item is collected by you or until it is disposed of by way of private sale or public auction (“Storage Fee”). This is in addition to any Repair fees, Valuation fees or Handling fees payable pursuant to these terms and conditions;
(5) In the event that you fail to collect goods after 3 months of having been notified that the goods are available for collection, and the goods are required to be disposed of, PER LEI will charge you a valuation Fee of $100 plus GST (“Valuation Fee”) in order to have the goods appraised by a suitably qualified professional. This is in addition to any Repair fees or Storage fees or Handling fees payable pursuant to these terms and conditions;
(6) In the event that you fail to collect goods after 3 months of having been notified that the goods are available for collection, and the goods are required to be disposed of, PER LEIwill charge you a handling fee of $100 plus GST in order to have the goods transferred and commissioned for sale via a private sale public auction (“Handling Fee”). This is in addition to any Repair fees or Storage fees or Valuation fees payable pursuant to these terms and conditions.
- ELECTRONIC COMMUNICATION
When you use the Site or send emails to PER LEI Jewellers, you are communicating with PER LEI Jewellers electronically. You consent to receive communications electronically from PER LEI Jewellers and its Site Affiliates. PER LEI Jewellers will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
We accept no responsibility for incomplete or inaccurate client contact details. Please be sure to check & update with your local boutique should you notice any discrepancy.
- INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including PER LEI Jewellers Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by PER LEI Jewellers and/or its third party licensors.
Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
- COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this Site. You may not use this Site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site. For any marketing and advertising enquiries please email us through our ‘Contact Us’ section on our website.
- LIMITATION OF LIABILITY
You expressly understand and agree that PER LEI Jewellers and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PER LEI Jewellers has been advised of the possibility of such damages), resulting from use of the site, content or any related services.
You agree to indemnify and hold PER LEI Jewellers (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this TUTS, or your violation of any law or the rights of a third party.
- MODIFICATION & NOTIFICATION OF CHANGES
PER LEI Jewellers reserves the right to make changes to the Site, related policies and agreements and this TUTS, without notice.
- SURVIVAL OF TERMS AFTER AGREEMENT ENDS
Notwithstanding any other provisions of this TUTS, or any general legal principles to the contrary, any provision of this TUTS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TUTS.
- APPLICABLE LAW & JURISDICTION
The TUTS shall be exclusively governed by the laws of Australia. If any portion of the TUTS becomes void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect.
- PLATFORM USAGE
Execution of the copy of the receipt given at the point of sale (“POS”) is acknowledgment that you agree to be bound by the PER LEI Jewellers terms and conditions.
- SECOND HAND REPAIR WARRANTY POLICY
Warranty applies to all new products pursuant to the Sale of Goods Act 1923.
PER LEI Jewellers provides no warranty for any second-hand goods or in respect of any repairs.
In the event that you accept receipt of any goods from PER LEI Jewellers that have been prepared by PER LEI Jewellers you acknowledge and agree that you have examined the goods at receipt and that you are satisfied with the skill and workmanship.
Further, in the event that you have left goods for repair with PER LEI Jewellers, you confirm that you have examined the goods at the point of receipt from PER LEI Jewellers and have affirmed and accepted that such goods are identical goods to the goods you provided to PER LEI Jewellers for repair and/or service.
PER LEI Jewellers will not be liable for subsequent claims by you to the effect that the goods provided to PER LEI Jewellers by you are not the goods which were returned to you subsequent to the service or repair. No claim, loss or damage shall be claimed by you from PER LEI Jewellers in relation to any allegation or replacement cost for any goods that have been left with PER LEI Jewellers for repair or service.
- AUTHENTICITY & QUALITY OF GOODS
Whilst all care, skill and consideration is taken to ensure that the goods provided for the purposes of sale are as described, you warrant that at the time of purchase at the time of sale you have conducted any and all due diligence reasonably required by you to verify that the goods purchased are as described and PER LEI Jewellers takes no responsibility and shall not be liable for any claim in damages or otherwise in respect of any goods which have been purchased by you from PER LEI Jewellers but which have been misdescribed to PER LEI Jewellers by its ultimate supplier where PER LEI Jewellers has relied upon this description by the supplier in the normal course of business and has undertaken the usual inspection practices which one would expect from a person or company in the position of PER LEI Jewellers.
- 23. 3RD PARTY INSURANCE CONSENT
If you have purchased goods from PER LEI Jewellers, you hereby agree, by accepting these terms and conditions to receive any and all information and marketing information from the PER LEI Jewellers preferred insurance provider, please note at some point after the point of sale a representative of PER LEI Jewellers preferred insurance provider may contact you with an option to register and insure your goods. You will have the option not to purchase or participate in that service however you expressly agree that PER LEI Jewellers may provide your details to its preferred insurance provider.
- UNCOLLECTED GOODS
Where an item has been left for jewellery repair, and the goods are available for collection by you, the following procedure will apply in relation to such goods:
24.1. PER LEI Jewellers will send you an electronic communication to the email address provided (where an email address has not been provided, to your last known address in writing) advising that the goods are available for collection within fourteen (14) days;
24.2. In the event that you do not collect the goods within fourteen (14) days, PER LEI Jewellers will send you a second notice advising you that the goods must be collected within fourteen (14) days, failing which the goods will be able to be dealt with by PER LEI Jewellers;
24.3. In the event that you have failed to collect the goods within fourteen (14) days of having received the second notice, PER LEI Jewellers will advise, by notice in writing, that the failure to collect your goods within seven (7) days thereafter will result in the goods being deemed to be Uncollected Goods for the purposes of this agreement;
24.4. Where goods are Uncollected Goods, and where you have failed to collect the goods within seven (7) days of having been sent the third notice referred to above, PER LEI Jewellers will be at liberty to do with the goods as follows: –
24.4.1. The goods will be provided to a Second Hand Dealer holding a current New South Wales Second Hand Dealers Licence, to be marketed for sale;
24.4.2. Within 30 days of having been received by the Second Hand Dealer, the Second Hand Dealer will market the goods for sale by way of advertising and tender for a 30 day period;
24.4.3. After the 30 day marketing period, within which the goods have been marketed for sale, the Second Hand Dealer will advise PER LEI Jewellers of the highest and best price offered to the Second Hand Dealer in respect of such goods. Where the price received by the Second Hand Dealer is in excess of the amount outstanding to PER LEI Jewellers in respect of such jewellery repair (being an amount in excess of PER LEI Jewellers’ invoice) the Second Hand Dealer will be at liberty to sell the goods for the highest and best price offered during the 30 day period to such buyer;
24.4.4. The Second Hand Dealer shall be entitled to charge an amount of 20% plus GST commission of the total value received in respect of the Uncollected Goods, subject at all times to the priority in payment to PER LEI Jewellers in respect of the amount outstanding for the repair of such goods;
24.4.5. Where after the repayment to PER LEI Jewellers of the amount outstanding, and where after payment to the Second Hand Dealer in respect of the commission fee referred to above, there is an amount in excess of the above amounts remaining from the sale of such goods, that amount shall remain in trust with PER LEI Jewellers for a period of a further 60 days, to be held on account of the customer;
24.4.6. Where such funds are not collected by the customer within 60 days of having been sent a written notice from PER LEI Jewellers, that such amount is held in trust for them, PER LEI Jewellers shall be at liberty to claim any and all amounts held in trust for the customer to its own account thereafter as fair consideration for the marketing and sale of the Uncollected Goods.
- UNCOLLECTED GOODS AGREEMENT
Clauses 24 and 25 are an agreement for the dealing of Uncollected Goods between you, the customer and PER LEI Jewellers within the meaning of section 6 of the Uncollected Goods Act 1995, to the effect that the Uncollected Goods Act 1995 does not apply to any goods provided to PER LEI Jewellers for repair.