Terms of Sale
These Terms and Conditions constitute a legally binding contract between the client (‘you’) and THE TRUSTEE FOR CULLEN JEWELLERY TRUST trading as Cullen Jewellery (ABN 18 458 721 347) (‘Cullen Jewellery’) and apply to the ordering purchase, fulfilment and delivery of goods (‘Goods’) from www.cullenjewellery.com
By placing an order for Goods from Cullen Jewellery you agree to these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing your order.
SECTION 1: Legal Rights
Your purchase of Goods comes with guarantees subject to the Australian Consumer Law. Under these laws all products must be of acceptable quality, reasonably fit for purpose and must correspond to the relevant description. If you experience a major failure with our goods or services you are entitled to a replacement or refund and compensation for any other reasonably foreseeable loss or damage resulting from our product or service. If the goods fail to be of acceptable quality but the problem does not amount to a major failure, you are entitled to have the goods repaired or replaced.
SECTION 2: Prices and Taxes
Prices for Goods are displayed on our websites.
- Cullen Jewellery reserves the right to change the prices of Goods at any time without notice to you.
- All prices of Goods are quoted in your local currency (or USD). Local taxes and duties may be applicable to your order.
SECTION 3: Orders
3.1 Placing an Order
Once you are ready to make a purchase by adding items to Cart, click on the Cart to Checkout and complete your order.
You acknowledge and agree that:
- An Order submitted by you is an offer by you to purchase the Goods for the price as shown at the time of submission of your Order. Cullen Jewellery may accept or reject your offer in its absolute discretion;
- You checked your Order carefully, as an Order may not be able to be cancelled once the Order has been accepted by Cullen Jewellery;
- Your order, if accepted by Cullen Jewellery, will be a separate and binding agreement between you and Cullen Jewellery with respect to the supply of the Goods, in accordance with these Terms and Conditions and Terms of Sale;
- All the information you have entered is complete, true and accurate.
3.2 Offer and Acceptance of an Order
When you submit an Order you will receive an automatic email to acknowledge we have received your Order. Please note that this does not mean your Order has been accepted, even if Payment has been made. Your Order constitutes an offer by you to buy the Goods at the price set out in the Order.
- All Orders are subject to acceptance by us. We are not obliged to accept your Order and may, at our discretion, decline to accept your Order. You do, however, acknowledge that by completing the check-out process, that you enter into an obligation to pay for the Goods in the event your Order is accepted by us.
- Client orders are not accepted by Cullen Jewellery until the time they have been processed and approved at our headquarters.
- Our acceptance is a binding agreement between you and Cullen Jewellery with respect to the supply of the Goods, in accordance with these Terms and Conditions.
- In certain circumstances, Cullen Jewellery may cancel your Order after Payment as set out in these Terms of Conditions. These circumstances include, but are not limited to the following:
- If a product is out of stock or discontinued
- If the price or product description was incorrect (in accordance with Section 2 “Prices and Taxes” of the Terms and Conditions);
- If a website or technical error causes the price to change during checkout process.
- If your Order is suspected fraud in accordance with Section 3.3 of these Terms and Conditions.
In these circumstances, Cullen Jewellery will contact you as soon as possible with possible options on how to proceed.
In the event that Cullen Jewellery cancels your Order having already processed payment, we will refund the payment.
Cullen Jewellery reserves the right to correct any and all errors when they do occur and apologises for any inconvenience that this may cause.
3.3 Payment of an Order
Payments of an Order are accepted by credit cards (please contact us for our list of accepted credit cards), Cullen Jewellery Gift Card.
Cullen Jewellery may not be able to, or may decline to, accept payment from you for any reason including, but not limited to;
- If the name on the credit card/account does not match the name on the Order, or the Order and Payment are suspect;
- Where our fraud detection systems detect possible irregularities;
- Because your financial institution has declined payment or flagged a suspected breach
- Because your credit card has expired.
In these cases, Cullen Jewellery may refuse to accept your Order or keep your Order on hold, and ask you to provide additional information (such as proof of identity documents).
Should we not hear back from you, or don’t accept your proof of identity due to suspected fraud, Cullen Jewellery reserves the right to cancel your Order.
3.4 Cancellation of Orders
Cullen Jewellery reserves the right to cancel, at any time before delivery and for whatever reason, an Order that has been previously accepted. Cullen Jewellery may do this for possible reasons such as those listed in Clauses 3.2 or 3.3, or for the reasons including but not limited to those listed below:
- Goods were subject to an error on the Website, in relation to technical errors, description, price or image errors, which was not discovered prior to the Order being accepted;
- Cullen Jewellery’s suppliers are unable to supply Goods that they have previously promised to supply;
- An event beyond Cullen Jewellery’s control, such as storm, fire, flood, earthquake, terrorism, power failure, failure of computer systems, etc means that Cullen Jewellery is unable to supply the Goods within a reasonable time;
You may ask Cullen Jewellery to cancel your Order only:
- if Cullen Jewellery has breached a material term of this Agreement;
- Prior to acceptance by Cullen Jewellery;
Where Cullen Jewellery cancels your Order, we will send you an email (written or automatically sent), notifying you of the cancellation.
In the event of an Order cancellation, where Payment has been processed, Cullen Jewellery will refund any money paid in respect of that Order.
Cullen Jewellery is not liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order.
SECTION 4: Availability and Delivery of Goods
Almost all of Cullen Jewellery’s items are made to order. Jewellery can take anywhere from six to eight weeks (subject to change during peak periods) depending on the item. Cullen Jewellery endeavours to deliver goods in a timely manner, but sometimes delays can occur. We cannot guarantee availability of stock items at all times, nor delivery times of any products.
For the most accurate information and timing on a piece of jewellery, please contact us directly.
You acknowledge and agree that:
- Delivery times may vary from product to product;
- Any delivery times advised are given as a guidance only, and some further delays may occur;
- Delays may occur during busy seasons
- Cullen Jewellery will not be liable to you or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store.
- The risk and title of the Goods is passed to you on the date and time of delivery of the Goods to the delivery address you provided in your Order. Please note, this does not include requiring a signature on delivery from you.
- Following the dispatch of your Goods, Cullen Jewellery will email you a confirmation of dispatch with a tracking number where you can track the location of your Goods.
- On delivery you may be required to sign for proof of delivery. If you are not available, your parcel may be taken to your nearest Post Office, Depot or Other Postal Hub for collection.
- If your parcel is returned to us due to an incorrect address supplied by you or you are not available or have collected your package from the advised pick up location within a reasonable timeframe, we will attempt to re-deliver to you at a later date. You may charge you a reasonable fee for doing this. We will contact you first before doing this for your approval of this charge.
4.3 Pick up of Goods in store
You may elect to conveniently pick up your Goods at the Cullen Jewellery showroom if you wish. This option can be chosen when you checkout on the Cullen Jewellery website. There is no charge for this service.
You acknowledge and agree that:
- Only the relevant person who ordered the goods may pick up the Goods in-store, unless otherwise agreed between you and Cullen Jewellery. Cullen Jewellery may request you to provide photo identification upon pick up to verify you are the purchaser. If requested, you must allow Cullen Jewellery to take a copy of the provided identification for fraud prevention purposes. The copy of identification will not be used for any other purpose.
- You may pick up the Goods once the Order has been accepted by us and a notification has been sent to you advising the Goods are ready for collection.
- Cullen Jewellery have the right to refuse collection of Goods if you cannot or will not satisfy the requirements set out above.
SECTION 5: Refunds of your Money
Where Cullen Jewellery is obliged to refund your payment in accordance with these Terms and Conditions, you acknowledge and agree that:
- Cullen Jewellery will endeavour to process your refund within 2 business days during business hours unless otherwise specified;
- Cullen Jewellery may process the refund in part payments of $1000 AUD according with the merchant banks processes;
- The time that it takes for you to actually receive your refund will depend on how quickly your financial institution processes the refund.
SECTION 6: Overdue Payment
In the event that the client has not responded to our request for final payment, within 28 days of completion, we, Cullen Jewellery, reserve the right to sell or repurpose the item as payment for the product or service provided. This will only be done as a last resort. We will give the client every opportunity to make payment and collect the item before holding it as payment.
SECTION 7: Uncollected Goods
Clients with goods that have not been collected within 28 days of notice of completion will be notified at a final time to collect their goods. If no response is received after 90 days Cullen Jewellery reserves the right to dispose of the goods.
SECTION 8: Return of Goods
- You should check your Goods as soon as they are delivered in order to ensure they have not been damaged in transit. If you notice any damage from transit, please contact Cullen Jewellery immediately.
- If there is a problem with the Goods you received, please refer to our Returns Policy which forms part of these Terms and Conditions.
- To return goods to us, simply follow the instructions below:
- Please contact us first to advise us of your intention;
- Wrap the jewellery securely in its original packing or in a protective shipping container with bubble wrap or a padded envelope;
- Include a note with your contact details and reason for return;
- Postage and insurance are your responsibility and at your expense. For your protection, please ship your item insured, with tracking number and proof of delivery, such as a signature by us on receipt;
Send the item to the following address:
PO Box 342
Kew, VIC, 3101
Phone: (618) 681-5688
Cullen Jewellery will contact you once we have received your return.
In returning your package you acknowledge that Cullen Jewellery is not responsible for items lost or damaged while shipping.
SECTION 9: Privacy
SECTION 10: General
- Your use of this website is governed by the Terms and Conditions.
- Cullen Jewellery reserves the right to amend these Terms and Conditions at any time, with no notice to you. Any amendment will take effect from the time that it appears on the Website.
- These Terms and Conditions are governed by the law of Victoria, Australia.